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UNITED BANK FOR AFRICA PLC V. BTL INDUSTRIES LIMITED

(2005) JELR 52988 (SC)

Supreme Court  •  SC. 301/2003  •  15 Apr 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS CJN (Presided) SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC ALOYSIUS IYORGYER KATSINA-ALU JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Ruling)

Judgement

OGUNTADE JSC (Delivering the Lead Ruling): The appellant, United Bank for Africa Plc by its motion filed on 23/2/05 prayed for the following:- “1. An order granting leave to the appellant to raise fresh issues of law as to: (a) Frustration; (b) public policy consideration; (c) misjoinder of causes; (d) illegality and supervening legislation;(e) jurisdiction;(f) unjust enrichment; and (g) burdenof proof.

An order granting the appellant leave to amend the notice of appeal dated 20/10/03 by substituting thereof the notice of appeal attached as exhibit 1101 to the affidavit in support of this motion.

An order enlarging the time within which to apply for leave to file grounds other than the grounds of law in this appeal. An order granting leave to the appellant to file grounds other than grounds of law in this appeal.

An order granting leave to the appellant to file grounds of appeal challenging concerning concurrent finding of fact. An order, (sought ex abundanti cautela ), granting the …

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