Legalpedia Citation: (2012) Legalpedia (SC) 65121
In the Supreme Court of Nigeria
Fri Jun 1, 2012
Suit Number: SC.183/2005
CORAM
IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURT
SYLVESTER NWALI NGWUTA JUSTICE, SUPREME COURT
PARTIES
1. NIGERIAN LABOURATORY CORPORATION2. MR. DAVID SALAKO APPELLANTS
PACIFIC MERCHANT BANK LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In an application before the Court of Appeal, the appellants/applicants prayed for an extension of time within which the appellants/applicants may apply for leave to appeal against the Ruling of High Court, and leave to appeal. The Court of Appeal refused the application and it was dismissed. Dissatisfied, the appellants appealed to the Supreme Court.
HELD
The appeal was dismissed for lacking in merit.
ISSUES
Whether the Court of Appeal in refusing to grant the application dated 21st July, 2004 exercised its discretion judicially and judiciously.?
RATIONES DECIDENDI
DUTY OF THE APPLICANT IN EXTENSION OF TIME TO APPEAL
“Before an application for extension of time for leave to appeal can succeed, the applicant must satisfy the court that there are good and satisfactory reasons for not filing his application timeously.” Per IBRAHIM TANKO MUHAMMAD, J.S.C
PRELIMINARY OBJECTION NOT MOVED IS DEEMED ABANDONED
“The trite law is that a preliminary objection which is not moved is deemed abandoned and should be struck out.” Per IBRAHIM TANKO MUHAMMAD, J.S.C
CASES CITED
AJIBADE VS. PEDRO (1992) 5 NWLR (part 241) 237NHRI VS. AYOADE (1997) 11 NWLR (part 530] 541JADESIMI VS. OKOETE [1986] 1 NWLR (part 16) 255ONYEKWALIJE VS. ANIMASHAUN (1996) 3 SCNJ 24CENTRAL BANK OF NIGERIA VS. AHMED [2001] 11 NWLR (Part 724) 369 at page 392
STATUTES REFERRED TO
NONE