The Applicant brought the application before the Court seeking the following reliefs:

It was supported by an affidavit that detailed the circumstances which led to the application. Attached to the application are numerous Exhibits including the proposed notice of appeal and the rulings of the Lower Court sought to be appealed against. There is also a bulky counter-affidavit filed on behalf of the Respondent in opposition to the motion.

Dissatisfied with the judgment of the trial Court, the Defendant/Respondent appealed to the Court of Appeal. The Plaintiff/Applicant dissatisfied with part of the judgment which was not in its favour, also cross-appealed.

The cross-appeal was initially filed without leave. It later dawned on Counsel that leave of the Court was necessary. In a motion dated 28th March, 2008, the Applicant sought leave and extension of time to cross-appeal. The Court ofAppeal refused the motion. The Applicant filed another motion dated 30th January 2007 for generally the same reliefs. The Court of Appeal struck out the motion for being an abuse of the Court process.

Dissatisfied with the Rulings of 20th July, 2006 and 7th November, 2007 respectively, the Applicant appealed to the Supreme Court by bringing a motion for enlargement of time within which to apply for leave to appeal and for leave to appeal to the Supreme Court.