Nigerian National Petroleum Corporation V. Owners of M. T. Fairplay & Anor (2008)

LawGlobal-Hub Lead Judgment Report

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A.

This application which was filed on the 18th day of October, 2006 is made pursuant to the provisions of Section 242 (1) of the Constitution of the Federal Republic of Nigeria 1999 and Order 7 Rule 10 (1) – (2) of the Court of Appeal Rules of 2007. The applicant seeks the order of Court in what is usually referred to as the tripartite prayer, to wit:

“i. An extension of time within which the Appellant/Applicant may apply for leave to appeal against the ruling of the Federal High Court, Lagos per Honourable Justice D.O. Abutu, J delivered on the 21st day of October, 2005 in Suit No. FHC/L/CS/695/2001 between the Respondents as Plaintiffs and Appellant as Defendant;

ii. Leave to appeal against the said ruling of 21st October, 2005 delivered by Honourable Justice D.D. Abutu, J of the Federal High Court, Lagos;

iii. Extension of time within which the Appellant/Applicant may appeal against the said ruling of 21st October, 2005 delivered by Honourable Justice D.D. Abutu, J of the Federal High Court;

iv. And such other orders as Court deem fit to make in the circumstances of this application.”

Briefly, this application originates from a decision of the trial Federal High Court which dismissed the preliminary objection of the Applicant to the effect that Respondent’s claim is statute barred.

An affidavit of 12 paragraphs is filed in support of the application to which an exhibit marked Exh. MTI is annexed, being the Ruling sought to be appealed against.

The Ruling was pronounced on the 21st day of October, 2005.

The Appellant/Applicants learned Counsel formulated two issues in the written addressed made to buttress the application. By the depositions in the affidavit in support and the argument in the written address, the learned Counsel puts up the plea of the Doherty Rule.

Paragraphs 6 and 7 of the affidavit in support state the reasons for the delay in filing the appeal and these are hereby reproduced;

“Paragraph 6.

i. The counsel in our Chambers who is seized of the facts of this matter and who was instructed to file the processes for our appeal herein was one Abayomi Famuyiwa, Esq;

ii. The Abayomi Famuyiwa, Esq. resigned as a counsel from our office on 30th November, 2005;