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CaseLaw

Cedar Stationaries Ltd V. IBWA Ltd (2000) CLR 12(a) (CA)

Brief

  • Ignorance of law
  • Affidavit evidence
  • Concurrent proceedings
  • Appeal

Facts

Respondent sought the winding up of the applicant and filed a petition to that effect. On 21st August, 1990, the trial court held that it had jurisdiction to hear the petition.

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 of raise a fresh issue on this appeal.
  • ii
    Leave of enlargement of time within which the applicant may file and serve a respondents 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 respondent’s notice of cross appeal exhibited to this application.
  • iv
    An order enlarging the time within which the applicant may file and serve the respondent’s brief of argument in this appeal”.

The applicant abandoned prayer three thereof seeking the deeming of the notice of cross appeal to be properly filed and served.

Issues

Whether time can be extended for the applicant to cross-appeal against the...

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