MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Investment and Securities Tribunal delivered on the 24th of July 2004 and also against the final judgment of the Tribunal delivered on the 19th of October, 2004.
The action leading to this appeal was commenced by the present Respondent by way of Originating Application at the Investments and Securities Tribunal, Abuja on the 3rd of November, 2003. The Respondent at the Tribunal (Now Appellant) filed its statement of Defence and counter affidavit on 5th December, 2003 and on the same 5th December 2003, the Tribunal fixed the case for hearing on 14th January, 2004.
The hearing did not start on the said 14th January 2004 because the Applicant had requested an adjournment to enable it amend its Originating Application and witness Statement.
While the Applicant was yet to reflect the proposed amendments, the Respondent brought an application dated the 4th March, 2004 seeking an…