Stanbic Ibtc Bank Plc V. Longterm Global Capital Ltd & Ors (2021)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C. 

By a Motion on Notice filed on the 21st of September, 2020, the Appellant/Applicant prayed this Court for the following:

A. An Order enlarging the time within which the Applicant may file an additional ground of appeal bordering on law alone as contained in Ground One of the Proposed Further Amended Notice of Appeal attached to the affidavit in support of this application.

B. An Order granting leave to the Applicant to file an additional ground of appeal bordering on law alone as contained in Ground One of the Proposed Further Amended Notice of Appeal attached to the affidavit in support of this application.

C An Order granting the Applicant leave to raise a fresh issue on appeal bordering on the lack of subject matter jurisdiction of the Federal High Court, Lagos Judicial Division (“Trial Court”) to entertain Suit No. FHC/L/CS/1383/2012, which culminated in this appeal [as contained in Ground One of the Proposed Further Amended Notice of Appeal attached to the affidavit in support of this application].

D. An Order granting leave to the Applicant to further amend the Amended Notice of Appeal dated 18/02/20 and filed on 02/03/20 to incorporate the additional ground of appeal bordering on lack of subject matter jurisdiction of the trial Court as shown in the Proposed Further Amended Notice of Appeal.

E. An Order granting leave to the Applicant to re-number the grounds of appeal as shown in the Proposed Further Amended Notice of Appeal.

F. Such further or other Order or Orders as this Honourable Court may deem fit to make in the circumstances.

TAKE FURTHER NOTICE that the grounds upon which this application is brought are as follows:

(a) By Section 233(2)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), this honourable Court has the jurisdiction to entertain an appeal which is predicated on the proposed additional ground of appeal contained in Ground One of the Proposed Further Amended Notice of Appeal;

(b) By Section 27(2) of the Supreme Court Act, the Applicant had three months from the date of the delivery of the judgment of the Court of Appeal to appeal to this honourable Court;

(c) The period of three months within which the Applicant may appeal as of right in respect of Ground One of the Proposed Further Amended Notice of Appeal has lapsed;

(d) The Applicant’s failure to appeal in respect of the jurisdictional challenge within the prescribed time is as a result of inadvertence of counsel;

(e) The proposed new ground of appeal touches on the lack of subject matter jurisdiction of the trial Court to entertain Suit No. FHC/L/CS/1383/2012, which culminated in this appeal;