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  • 2002-08-19
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Brifina Ltd. v. Int’l Continental Bank Ltd

BRIFINA LIMITED

V

INTERNATIONAL CONTINENTAL BANK LTD.

COURT OF APPEAL

( ENUGU DIVISION )

EUGENE C. UBAEZONU, JCA ( Presided and Read the Lead Ruling )

SULE AREMU OLAGUNJU, JCA

MUSA DATTIJO MUHAMMAD, JCA

CA/E/15M/2001 

THURSDAY, 22ND NOVEMBER, 2001.

APPEAL - Undefended List Procedure - Defendant who did not file notice of intention to defend at the trial court thereunder - Whether could be granted leave to argue on appeal fresh ground of appeal

PRACTICE AND PROCEDURE - Undefended List Procedure - A defendant who intends to defend thereunder - What he is expected to do

PRACTICE AND PROCEDURE - Undefended List Procedure - Defendant who did not file notice of intention to defend at the trial court thereunder - Whether could be granted leave to argue on appeal fresh ground of appeal

PRACTICE AND PROCEDURE - Undefended List Procedure -

Memorandum of conditional appearance - Whether can be filed thereunder

Issue:

Whether the applicant can be granted leave to argue on appeal a fresh ground of appeal having not filed a notice of intention to defend at the trial court.

Facts:

The suit which gave rise to the appeal in respect of which the instant application was brought was one under the Undefended List Procedure Wherein the applicant, as defendant, instead of filing of notice of intention to defend according to the rules filed a memorandum of conditional appearance and judgment was given against it.  On appeal, the applicant brought the instant motion seeking leave to be allowed to award its notice of appeal by the addition of a further ground of appeal.

The application was opposed by the respondent and it was the respondent’s contention that the action was filed on the undefended list, that the applicant failed to file a notice of intention to defend as required by the rules that granting of the application will amount to allowing the applicant to defend through the back door.