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CEDAR STATIONERY PRODUCTS LTD. v. INTERNATIONAL BANK FOR WEST AFRICA LTD.

(2000) JELR 43992 (CA)

Court of Appeal  •  CA/K/26/91  •  12 May 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Judgement

SALAMI, J.C.A. (Delivering the Lead Ruling): The judgment or ruling being sought to be cross-appealed by the respondent was delivered on 21st of August, 1990. The record of appeal was received in this court as the number of appeal suggests as far back as 1991. The appellant's brief of argument which was filed out of time on 19/12/95 was deemed as properly filed and served on 30th January, 1997.

The applicant has made two unsuccessful attempts to cross-appeal the last of which was dated 26th June, 1998 and filed on 29th June, 1998. It was struck out like the previous one. In the present application, the applicant is seeking for the following reliefs:-

"(i) Leave of the court to raise a fresh issue on this appeal.

(ii) Leave of enlargement of time within which the applicant may file and serve a respondent s notice of cross-appeal against the judgment of the Federal High Court Kano in suit No. FHC/K/M5/85 dated the 21st August, 1990.

(iii) An order deeming as duly filed and served the re…

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