IYALABANI COMPANY LIMITED V. BANK OF BARODA

ADIO, J.S.C. (Delivering the Leading Judgment): The respondent, as plaintiff, brought an action in the High Court of Lagos State against the defendant/appellant in respect of a sum due and payable in U.S. Dollars on some bills of exchange. The appellant, on showing cause was granted unconditional leave to defend the suit. Later, the appellant brought an application to strike out the Statement of Claim because it disclosed no reasonable cause of action and to strike out the name of the respondent for lack of competence to bring the action. The learned trial Judge granted the application and dismissed the action.

The respondent wanted to lodge an appeal against the decision of the learned trial Judge but could not do so until the time prescribed by law for lodging such an appeal expired. The application for an extension of the time within which to lodge an appeal made by the respondent to the Court of Appeal was granted by the court. The present appeal is against the decision of the co…