NIPOL LTD. V. BIOKU INVESTMENT & PROPERTY CO. LTD

E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): On 2nd March, 1992, the appeal of the appellant against the judgment of the Court of Appeal was allowed and the case was remitted to the Court of Appeal for the appeal of the respondent against the decision of the trial High Court to be heard on its merit. I indicated then that I would give my reasons today for allowing the appeal and for remitting the case to the Court of Appeal.

When our Rule of Court states that "the rule for the time being in force in England" shall apply, does the expression mean the rule in force in England when our Rule was made or any rule subsequently made in England after our Rule had been made? This issue is the crux of this appeal.

There was a co-operation agreement dated 4th October, 1983 between Bioku Investment and Property Company Limited (hereinafter called the "Company") on the one part, and Nipol Limited (hereinafter called the "Co-operator") of the other part. It was agreed in the said ag…