IKOLI VENTURES LTD V. S.P.D.C. (NIG.) LTD

GARBA JCA (Delivering the Lead Judgment): This appeal is from a ruling delivered by the Federal High Court sitting at Port Harcourt on 19 November 2003 in suit No. FHC/PH/141/98. The ruling was in a motion filed by the respondent as defendant for enlargement of time within which to file the statement of defence in that case. In paragraph 2(a), (b) and (c) of the affidavit in support of that motion at pages 18-19 at the bottom of the record of appeal; it was averred as follows:

2(a) “That on 15 December 1998, this honourable court ordered the plaintiff to file its statement of claim within 30 (thirty) days from the said date, and the defendant to file its statement of defence within 45 days from the date of such service.

(b) That the time within which the Plaintiff were to have filed their statement of claim expired on 16 January 1999.

(c) That rather than comply with the order of court, the plaintiffs filed their statement of claim on 17 August 1999, about 17 (seventeen) months after…