IKOLI VENTURES LTD. & ORS.
V.
SPDC NIGERIA LTD.
·
GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from a ruling delivered by the Federal High Court sitting at Port Harcourt on the 19th of November, 2003 in suit No. FHC/PH/141/98. The ruling was in a motion filed by the respondent as defendant for enlargement of time within which to file the statement of defence in that case. In paragraph 2 (a) (b) and (c) of the motion at pages 18-19 at the bottom of the record of appeal, it was averred as follows: -
"2. (a) "That on the 15th of December, 1998, this honourable court ordered the plaintiff to file its statement of claim within 30 days from the said date, and the defendant to file its statement of defence within 45 days from the date of such service.
(b) That the time within which the plaintiff were to have filed their statement of claim expired on the 16th of January 1999.
(c) That rather than comply with the order of court, the plaintiffs filed their statement of claim on the 17th of August 1999, about 7 months after t…