12 BASKET FOODS LIMITED V. FIRST CITY MONUMENT BANK PLC

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Ruling): There is an appeal and a cross appeal in this matter. The Cross Appellant had previously amended its Notice of Cross Appeal. It however desires to further amend the said Amended Notice of Cross Appeal. Towards this end, it filed an application for that purpose. The said application which was filed on 8th March 2019 seeks for the following orders: 

“1. AN ORDER granting the Applicant leave to further amend its Amended Notice of Appeal dated 23rd May 2012 in the terms of Exhibit OL 2 attached to this application; 

2. AN ORDER extending the time for the Applicant to file an Additional Record of Appeal;” 

The grounds upon, which the application is predicated are as follows: 

“1. The Applicant filed a Notice of Cross-Appeal dated 6th May 2011 challenging the part of the judgment of the trial Court that refused to award it special damages as sought in its statement of claim (at page 3 to 7 of the Record of Appeal). 

2. The Applicant …