Legalpedia Citation: (2013) Legalpedia (SC) 13248
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jan 17, 2013
Suit Number: SC.240/2009
CORAM
PARTIES
INTERCONTINENTAL BANK PLC APPELLANTS
OLAM (NIGERIA) LTD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
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
CASES CITED
Zacheus Abiodunm Koya v United Bank of Africa ltd (1997) 1 NWLR (Pt. 481) 251
STATUTES REFERRED TO
NONE|