TUSKAR RESOURCES LIMITED V. CAVENDISH PETROLEUM NIG. LIMITED

OGEBE JCA (Delivering the Lead Judgment): The appellant sued the respondent in the Federal High Court, Lagos seeking a number of declaratory and injunctive reliefs. The appellant filed a statement of claim along with the writ of summons and the respondent was duly served with the same.

On the 27th of October, 2000, the respondent filed a statement of defence out of time and served an advanced copy on the appellant’s counsel. On the 14th of November, 2000, the bailiff of the court also served the

statement of defence on the appellant’s counsel. On 2nd of November, 2000, the respondent’s counsel filed a motion seeking an order for extension of time to file a statement of defence and to deem the statement of defence as properly filed.

On the 16th of November, 2000 the trial Judge granted the respondent’s application for extension of time to file its statement of defence and to deem it as properly filed. There was no order made by the trial court deeming the statement of defence as proper…