<p><strong> MUHAMMAD, JCA (Delivering the Lead Ruling): </strong> By a notice of motion dated and filed on 30th day of May 2001, Mode Nigeria Limited has raised a preliminary objection to the hearing of the third-party/appellant’s application dated and filed on 30th March 2001. The said application seeks this court’s “order enlarging the time prescribed for filing the appellant’s brief in the appeal and deeming same as duly filed and served.” It is to be added that the preliminary objection to which this ruling relates has further opposed the hearing of the appeal filed by the third-party/appellant who is, as it were, respondent to the notice of motion for the preliminary objection. The preliminary objection is taken pursuant to Order 3 rule 15(1) of the Rules of this court as ammended, section 16 of the Court of Appeal Act 1976, and the inherent jurisdiction of the court as well.</p><p>A twenty one paragraph affidavit sworn to by one Chuke Okoye, an employee of the applicant, supports the notice of preliminary…</p>