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PROCTER & GAMBLE NIGERIA LIMITED v. NWANNA TRADING STORES LIMITED

(2011) JELR 33060 (CA)

Court of Appeal  •  CA/A/251/M/2009 (R)  •  3 Mar 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JIMI OLUKAYODE BADA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling ):This application which was filed on the 5/2/10 prays for a lone relief as follows:-

"An order for enlargement of time within which to appeal to the Court of Appeal against the judgment of the Niger State High Court sitting at Minna, Niger State in Suit No. NSHC/MN/25/2001 delivered on 21st day of May, 2007, the time allowed by the Rules of this Honourable Court having expired."

The grounds for the relief set out on the motion paper are thus:-

"i. The judgment of the High Court in Suit No. NSHC/MN/25/2001 was delivered on 21/5/07 when some was signed by the learned trial Judge.

ii. The three months within which defendant is to appeal against the said judgment expired in August 2007.

iii. Defendant was not aware that the case has been concluded and judgment delivered until August 2009 when plaintiff s Counsel by his letter dated 13th August, 2009 wrote demanding the payment of the judgment debt stated to be N75,903,450.00 and N…

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