(1990) JELR 44620 (SC)    

Supreme Court  ·  SC.137/1989 ·  14 Dec 1990 ·  Nigeria
Other Citations
N.N.S.C. v. E.S.V. (1990) NWLR (Pt.164) 526 (1990) 11-12 S.C 209 (1990) 11-12 S.C 209
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
federal high court
ground of appeal
learned trial judge
stay of proceedings
adequate consideration
questions of fact
contention of the defendant
learned judge
learned justices of the court of appeal
professor adesanya
applicant raise questions of law
delay of the plaintiff
determination of the appeal
grounds of law
only issue
2nd october
application of this nature
decision of the federal high court lie
decision of the learned trial judge belgore
deeper consideration
facts of each case
grounds state
improper exercise of discretion
involved questions of law
leading judgment
learned trial judge fail
oral argument
own counter affidavit
present appellant
prof. s.a. adesanya
proper exercise of discretion
proper judicial exercise of assessment of facts
proposed grounds of appeal
respondent establishment sima of vaduz
ruling of the trial judge
sole issue of competence
supreme court case
time limit
whole see ogbechie

BELGORE, J.S.C. (Delivering the Leading Judgment): In the 2nd October, 1990, I dismissed this appeal and reserved the reasons for doing so to 14th December, 1990. I now give my reasons.

A suit filed by respondent Establishment Sima of Vaduz was on the 2nd day of March, 1988 struck out by the Federal High Court. An application under order 9 rule 6 Federal High Court (Civil Procedure) Rules was argued before that court on 17th day of October, 1988 for relisting the suit.

Even though the present appellant as respondent to that motion opposed, the prayer was granted. In granting the motion for relisting the suit the learned Judge, inter alia, held as follows:

"The only issue for deeper consideration is the length of time between when the action was struck out and the motion to relist it was taken. There is no time limit as when such a motion should be taken but the guilding principle is fairness to all the parties concerned. The applicant will not be claiming his right but will be praying…

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