ALSTHOM S.A.
V.
SARAKI

(2000) JELR 50876 (SC)    

Supreme Court  ·  SC. 120/1996 ·  7 Apr 2000 ·  Nigeria
CORAM
MICHAEL E. OGUNDARE, JSC (Presided) UTHMAN MOHAMMED, JSC ANTHONY I. IGUH, JSC AKINTOLA O. EJIWUNMI, JSC EMMANUEL O. AYOOLA, JSC (Read the Lead Ruling)
Core Terms Beta
1st plaintiff
counsel
order
2nd plaintiff
court of appeal
good cause
applications
high court
sulu-gambari
extension of time
prescribed time
said judgment
substantial reasons
case of a misjoinder
court of appeal act
ground of appeal
high court of lagos state
main question
majority of the court of appeal
principle of law
1st plaintiff’s claim ought
application of this nature
appropriate time
brief of argument
civil procedure
direct authority
disposing of order
exercise of his civil rights
favour of the remaining party
first application
joint notice of appeal
judicial power
lead ruling
learned counsel
learned judge
learned justice of appeal
much ado
outstanding debt
plaintiffs’ case
plaintiffs’ counsel
plaintiffs’counsel
proposed grounds of appeal raise
respondents’ brief
respondents’notice
right of the 1st plaintiff
second application
statement of claim
whole decision of the court of appeal

AYOOLA, JSC: (Delivering the Lead Ruling) This ruling concerns two applications which have been consolidated and heard together. The first is by Alsthom S. A., which was 1st plaintiff (and is so referred to in this ruling) in an action instituted by it and Societe General Bank (“the 2nd plaintiff”) against Chief Dr. Olusola Saraki (“the defendant”), in the High Court of Lagos State. In the first application the 1st plaintiff sought, in the main, leave to appeal against the whole decision of the Court of Appeal. The second application is for leave to amend the ground of appeal alreadyfiled. It was made by the two plaintiffs. The main question in these proceedings concerns the factors that should be taken into consideration when a party prays that he should be granted leave to appeal. The plaintiffs obtained judgment in the High Court in a suit instituted by them jointly against the defendant in the sum of N45,387,264,42 being outstanding debt owing to the plaintiffs as a result of a …

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