A. N. MOHAMMED PETROLEUM LIMITED ALHAJI NAINNA MOHAMMED V. AFRIBANK NIGERIA PLC

SANUSI JCA (Delivering the Lead Ruling): On the 25th October, 2005, the applicants filed a motion on notice also dated the 25th October, 2005. The motion was brought pursuant to the provisions of section 16 of Court of Appeal Act, Cap 75, Laws of the Federation of Nigeria, Order 3, rule 3(1) and (16) of the Court of Appeal Rules, 2002, and under the inherent power and jurisdiction of this court. The applicants are seeking the undermentioned reliefs:-

(i) An order granting the appellants/applicants leave to appeal to the Court of Appeal on the ground of appeal set out in terms of the document titled ‘schedule of ground of appeal’ which is annexed to the affidavit and marked exhibit PA4 which said ground raises for the first time, fresh issues which were not raised and determined by the High Court of Justice, Kaduna in this case.

(ii) An order upon granting prayer (1) supra, granting the appellants/applicants leave to amend the notice of appeal in this appeal by incorporating therein t…