GTB PLC V. FADCO INDUSTRIES NIGERIA LIMITED & ANOR

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the interlocutory decision of Kano State High Court in Suit No. K/561/99, delivered on 14/3/2001, by Hon. Justice Saka Yusuf, wherein the learned trial judge refused the application by the Appellant for adjournment for cross examination of a witness, and further closed the cross-examination and discharged the witness.

A brief facts of the case shows that the Respondents had claimed, as plaintiffs in the suit, the following reliefs:

"(i) Declaration that the terms and conditions stated in the guarantee dated 12th day of June, 1998 between the plaintiffs and the Defendants as well as the supplemental terms and conditions stipulated in the Defendant's letter dated 5th November, 1998 are binding on the Defendant.

(ii) Declaration that by the express terms of the guarantee deed dated 12th day of June, 1998 and the supplemental conditions contained in the Defendant's letter dated 5th November, 1998 in relation…