FABIYI, J.C.A.: (Delivering the Leading Judgment): This ruling is sequel to the motion on notice dated 8-11-99 and filed on behalf of the Applicant. Therein the Applicant prayed the court for :-
“(a) enlargement of time within which to seek leave to appeal against the judgment of the Enugu High Court No. 12, dated 4 - 3 - 99 in E/ 241/99: C.C. Ezekwem and Co. v. Messrs. Ude Ubaka and sons Ltd.
(b) Leave to appeal against the said judgment.
(c) extension of time within which to appeal against the said judgment.
(d) deeming the Notice of Appeal hereto annexed as duly filed and served the necessary fees having been paid.”
The Managing Director of the Applicant, Christopher Ude Ubaka, deposed to a 17 paragraph affidavit in support of the application. Two annexures were exhib- ited and marked ‘A’ and ‘B’ respectively. Exhibit ‘A’ is a copy of the judgment of the High Court dated 4 -3 - 99 sought to be appealed against. Exhibit ‘B’ contains Applicant’s desired Notice of Appeal cum grounds of a…