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CEDAR STATIONERY PRODUCTS LTD
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IBWA LTD

(2000) JELR 54683 (CA)

Court of Appeal 12 May 2000 Nigeria
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- The case involves an application for leave to raise a fresh issue in an appeal and for an enlargement of time to file and serve a respondent notice of cross-appeal. - The applicant had previously made unsuccessful attempts to cross-appeal

Case Details

Suit Number:CA/K/26/91
Judges:ISA AYO SALAMI, JCA (Presided and Read the Lead Ruling) RABIU DANLAMI MUHAMMAD, JCA MAHMUD MOHAMMED, JCA
Counsel:O.E.B. Offiong Esq. - for the Applicant. -*- O.O. Bello Esq. - for the Respondent.

SALAMI, JCA: (Delivering the Lead Ruling) The judgment or ruling being sought to becross appealed by the respondent was delivered on 21st day of August, 1990. The record of appeal was received in this court as the number of appeal suggests as far back as 1991. The appellant’s brief of argument which was filed out of time on 19/12/95 was deemed as properly filed and served on 30th January, 1997. The applicant had made two unsuccessful attempts to cross-appeal the last of which was dated 26th June, 1998 and filed on 29th June, 1998. It was struck out like, the previous one. In the present application, the applicant is seeking for the following reliefs:- “(i) leave of the court to raise a fresh issue in this appeal. leave of (sic) enlargement of time within which the applicant may file and serve a respondent notice of cross appeal against the judgment of the Federal High Court Kano, in suit No. FHC/ K/M5/85 dated the 21st August, 1990. an order deeming as duly filed and served the r…

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