(2000) JELR 43992 (CA)    

Court of Appeal  ·  CA/K/26/91 ·  12 May 2000 ·  Nigeria
Other Citations
Cedar Stationeries Ltd. v. IBWA Ltd. (2000) 15 NWLR (Pt. 690)338
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
fresh point
mr. hadad
mr. offiong
trial court
lower court
present application
proposed notice of appeal
court of appeal rules
fresh evidence
good cause
learned counsel
learned trial judge
prima facie show
fresh issue
good reason
ignorance of law
instant case
military governor of imo state
substantial reason
abandoned prayer
better affidavit
close scrutiny
competence of the trial court
complete agreement
exhibit ezmi centres
first relief
following reliefs
further affidavit
grounds of law
intention of the applicant
jurisdiction of the trial court
leave of enlargement of time
limited liability company
number of appeal
particulars of the fresh issue
prima facie evidence
provisions of the evidence act
r. d. muhammad
record of appeal
supreme court

SALAMI, J.C.A. (Delivering the Lead Ruling): The judgment or ruling being sought to be cross-appealed by the respondent was delivered on 21st 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 has 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 on this appeal.

(ii) Leave of enlargement of time within which the applicant may file and serve a respondent s 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.

(iii) An order deeming as duly filed and served the re…

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