Okem Enterprises Nigeria Limited & Anor V. Nigeria Deposit Insurance Corporation (Liquidator of Allied Bank of Nigeria Plc.) (2002)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A.

By their application dated and filed on 8/612001, the appellants/applicants pray for the following orders:

“1. AN EXTENSION OF TIME within which the appellants/applicants may apply for an order staying further proceeding in Suit No. PHC/L/FBC/138/99, before Abutu, J. of the Federal High Court AI, Lagos.

2. AN ORDER staying further proceedings in suit No.FHC/L/FBC/138/99 before Abutu, J. of the Federal High Court A1, Lagos pending the hearing and determination of the appeal lodged in this Honourable Court against the ruling of the said lower court delivered on the 18th day of December, 2000.
3. AND FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.”

The applicants filed an affidavit in support of the application made up of 14 paragraphs. To this affidavit the notice of appeal and the revenue receipts were attached as exhibits A and A1 respectively.

On 5/10/2001 they filed a further affidavit in support of the application; the purpose of which was to bring before us exh. ‘B’, a certified true copy of the ruling of the learned trial Judge delivered

on 8/12/2000 dismissing the applicants’ objection; and Exh. ‘C’ a certified true copy of the ruling of the learned trial Judge delivered on 22/5/2001 dismissing the application for stay of further proceedings.

Paragraphs 4 – 12 of the affidavit in support of the application read:

4. That by a notice of objection dated 15th February, 2000, the appellants/applicants challenged the jurisdiction of the Federal High Court to entertain the suit herein on the contention that the subject-matter of the suit is not within the jurisdiction conferred on the court by the Constitution of the Federal Republic of Nigeria, 1999.

5.That on the 18th day of December, 2000, the learned trial Judge, Abutu, J, delivered a ruling by which the said notice of objection was dismissed.

6.That being dissatisfied with the said dismissal, the appellants/applicants prayed leave to appeal against same to this Honourable Court. Attached herewith and marked exhibits A and Al respectively are copies of the notice of appeal and the Revenue Collectors Receipt issued upon filing of same at the court below.

7.That the appellants/applicants did apply for a stay of further proceedings in the suit before the lower court, but same was similarly dismissed on 22nd May, 2001.

8.That Certified True Copies of the ruling appealed against as well as the ruling dismissing the application for stay of further proceedings shall be produced before this Honourable court immediately they are obtained by the appellants/applicants from the court below.

9.That I am informed by I. C. Eke, Esq., counsel in our firm and I verily believe him as follows:

(i) That this application could not be filed before now due to the absence from the Country of Chief Robert Clarke, leading counsel to the appellants/applicants in this matter, whose instruction and direction was necessary as to how the matter would proceed upon the refusal of the application for stay of proceedings by the court below.

(ii) The said Chief Robert Clarke was at the relevant time away in London in respect of arbitral proceedings being conducted by the firm on behalf of an agency of the Federal Republic of Nigeria.