INTERCONTINENTAL BANK PLC VS OLAM (NIGERIA) LTD

CORAM

PARTIES

INTERCONTINENTAL BANK PLC APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants in this case brought an application before the Supreme Court praying the court to grant them leave to raise and argue new points not raised at the trial court and the court of appeal. They argued that the issues bordered on substantial, fundamental and arguable issues on law and no new evidence was to be adduced apart from those already pleaded. They further prayed the Supreme Court to grant them leave to file their briefs out of time.

HELD

Application granted

ISSUES

“An order granting leave to the Appellant/ Applicant to raise and argue new points arising from grounds 2,5,and 9 of the Amended Notice of Appeal dated 22nd day of February, 2010 and filed on the 24th of February, 2010 which are issues not raised in either the High court or Court of Appeal”.”An order extending the time within which the Appellant/Applicant may file and serve its Appellant’s Brief of Argument in this Appeal”.”An order deeming the Appellant’s Brief of argument which has already been filed and served on the Respondent as properly filed and served”.”Such further order or other orders (sic) as this court may deem fit to make in the circumstances”.?

RATIONES DECIDENDI

RAISING NEW GROUNDS/ ISSUE NOT RAISED OR CONSIDERED BY THE TRIAL COURT

“it needs no saying that granting of an application to raise and argue new points arising from the grounds not covered in the earlier Notice of Appeal would not be given as a matter of course. This is because certain requirements must be fulfilled as in this case, where the points are substantial, weighty , arguable and would not necessitate the taking of fresh evidence” per Mary Ukaego Peter-Odili, JSC, CFR

Legalpedia Citation: (2013) Legalpedia (SC) 89111

In the Supreme Court of Nigeria

Fri Jan 18, 2013

Suit Number: SC. 240/2009