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  • 2004-05-03
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P & G Ltd v. N.T.S. Ltd

PROCTER AND GAMBLE NIG. LTD.

V

NWANNA TRADING STORES LTD.

COURT OF APPEAL

( ABUJA DIVISION )

IBRAHIM TANKO MUHAMMAD, JCA ( Presided )

ZAINAB ADAMU BULKACHUWA, JCA

ALBERT GBADEBO ODUYEMI, JCA ( Read the Lead Ruling )

CA/A/54/M/2002

MONDAY, 31ST MARCH, 2003

APPEAL - Enlargement of time within which to appeal - Application therefor - Requirement for

APPEAL - Extension of time within which to appeal - Applicant therefor Duty on to make available to court all documents considered necessary for the success of his application

APPEAL - Extension of time within which to appeal - Application therefor -  What court should be concerned with while dealing therewith

APPEAL - Extension of time within which to appeal or within which to apply for leave to appeal - Applicant therefor - Whether mandatory for same to exhibit all documents necessary for court to see in order to decide on the application

COURT - What same should be concerned with while dealing with application for extension of time within which to appeal

PRACTICE AND PROCEDURE - Application for enlargement of time within which to appeal - Requirement therefor

Issue:

Whether the Court of Appeal can grant applicant’s application for extension of time within which to seek leave to appeal against the ruling of the Niger State High Court delivered on the 19th March, 2002  when vital documentary evidence, which are required for a proper consideration of the application and which could assist the court in the exercise of its discretion in favour of the applicant, have not been produced to the court by the applicant.

Facts:

The respondent herein instituted an action in the Minna Judicial Division of the High Court of Niger State in suit No. NSHC/MN/25/2001 against the applicant herein and one other person. The applicant as defendant filed a notice of preliminary objection against the action and sought from the said High Court reliefs which included a stay of proceedings in the suit in that court. The ground of the said objection include one that the subject matter of the suit arose from an agreement which contained provision for arbitration in the event of a dispute between the parties and accordingly enabled the defendant to seek the relief of stay of proceedings in accordance with the provisions of sections 4 and 5 of the Arbitration and Conciliation Act, Cap. 19 LFN, 1990.

The trial court took arguments of both counsel for the appellant and respondent and dismissed appellant/applicant’s preliminary objection.

Being dissatisfied the applicant has decided to appeal against the trial court’s ruling. In pursuance of that decision to appeal, the applicant has now filed in the Court of Appeal on 25th October, 2002 an application for the following orders:

“1. Extension of time within which to seek for leave to appeal against a ruling of the Niger State High Court delivered on the 19th March, 2002.

2.              Leave to appeal against the ruling of the Niger State High

Court delivered on the 19th day of March, 2002 in Suit No. NSHC/MN/25/2001.

3.              Extension of time within which to appeal against the ruling of the Niger State High Court delivered on 19th March, 2002 in Suit No. NSHC/MN/25/2001.”

The Court of Appeal took argument of both counsel for the applicant and the respondent on the application.