(2008) JELR 49460 (CA)    

Court of Appeal  ·  CA/PH/98/2004 ·  22 Jan 2008 ·  Nigeria
Other Citations
Ikoli Ventures Ltd. v. S.P.D.C.N. Ltd (2008) 12 NWLR (Pt.1101)422
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
lower court
extension of time
statement of defence
learned counsel
learned trial judge
counter affidavit
enlargement of time
fair hearing
notice of appeal
expiration of the time
federal high court
trial court
above averments of the respondent
above depositions
above record shows
affidavit evidence of the defendant
bottom of the record of appeal
case of u.s.a. ltd. v.nwora
different positions
earlier order
exercise of a right of an interlocutory appeal
expeditious prosecution of his client
following issues
fresh steps
grant of the prayers
hearing of the appeal
honourable court
judgment of the supreme court
leading judgment
leaned counsel
legal duty
mere fact
order of court
proper statement of claim
record of proceedings of the 19th november
record of the case
respect of the statement of claim
rules of procedure
ruling of the lower court
state of the above record
validity of the statement of claim
viable option

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…

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