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ROSEHILL LIMITED V. AREWA METAL CONTAINERS

(2010) JELR 33253 (CA)

Court of Appeal  •  CA/K/280/2003  •  23 Mar 2010  •  Nigeria

Coram
HON JUSTICE M L GARBA JCA; HON JUSTICE JOHN I OKORO JCA; HON JUSTICE T.N ORJI-ABADU JCA;

Judgement

MOHAMMED LAWAL, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Kaduna State, contained in a ruling delivered of the 20/9/2001 in Suit No DH/KAD/316/2001 filed under the undefended list, by which judgment was entered in favour of the Respondent based on an admission by the Appellant said to be contained in the affidavit in support of the notice of intention to defend the action.

A lone ground of appeal was filed in the Notice of Appeal dated the 2/12/2001 but with the leave of the court two (2) additional grounds of appeal were filed against the decision.

A notice of intention by the Respondent to rely upon filed upon a preliminary objection was filed on the 16/5/2001 on the ground that the appeal was filed outside the statutory period allowed by law and therefore incompetent.

In the Appellants' brief dated the 28/2/2006 but filed with the leave of Court, two (2) issues were distilled and of out at page 5 as follows -

3 1 Whether the n…

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