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Rosehill Ltd v. Okporo Vent. Ltd

ROSEHILL LTD

AND

OKPORO VENT. LTD

COURT OF APPEAL

( KADUNA DIVISION )

BABA ALKALI BA’ABA JCA ( Presided )

STANLEY SHENKO ALAGOA JCA

KUDIRAT M. O. KEKERE-EKUN JCA ( Read the Lead Ruling )

CA/K/435/M/04

TUESDAY, 22ND NOVEMBER, 2005

PRACTICE AND PROCEDURE - Extension of time to seek leave to appeal - Guiding conditions in consideration of

Issue:

Whether the complaint of the applicant as shown in the proposed notice and grounds of appeal is one of law alone which would bring it within the provisions of section 241(1)(b) of the Constitution or of mixed law and facts in which case leave to appeal would be required pursuant to section 242(1) of the Constitution Federal Republic of Nigeria, 1999.

Facts:

The respondent as plaintiff in the High Court of Kaduna State, sued the appellant as defendant for the sum of N6,112,495.00 (six million, one hundred and twelve thousand, four hundred and ninety five naira) allegedly being the balance of goods supplied  to the respondent.

The appellant denied this allegation in its statement of defence. The matter proceeded to trial, the plaintiff called its witness then closed its case on December 19th, 2003. The matter was adjourned to 1st of March, 2004 for the defence to open its case. The defence however did not go on with the case due inter alia to series of adjournments and excuses on its part that the counsel handling the matter left for an employment with the Central Bank of Nigeria.

The court on the 18th of October, 2004 sat in chambers and closed the defence’s case. The defendant promptly filed an application to reopen its defence, which application was heard and refused on the 3rd of November, 2004.

Aggrieved, the defendant has appealed to the Court of Appeal. Being out of time it sought inter alia for extension of time within which to seek leave, leave to appeal and extension of time within which to appeal.