CASE TITLE: ZENON PETROLEUM & GAS LTD v. D.G. ITF (2025) LPELR-82683(CA)
JUDGMENT DATE: 15TH DECEMBER, 2025
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on application to relist a suit.
FACTS:
This appeal is against the ruling of the Federal High Court of Nigeria, sitting at Lagos Judicial Division delivered by JUSTICE BABS O. KUEWUMI on the 11th of October, 2017.
The Respondent (who was the Plaintiff at the trial Court) filed an originating summons against the Appellant (who was the Defendant at the trial Court), seeking the reliefs on the face of the originating summons.
Upon being served with the originating summons, the Appellant filed a notice of preliminary objection to the said originating summons.
The trial Court presided over by Justice O.E. Abang struck out the suit on 30th September, 2015 for want of diligent prosecution.
The Respondent filed an application dated 5th October, 2015 seeking to relist the suit that was struck out on 30th September, 2015 and the trial Court heard the application and made an order on 28th January, 2016 relisting the suit.
The Appellant subsequently filed an application seeking to set aside the ruling of the trial Court relisting the suit on 28th January, 2016 on the ground of lack of fair hearing and the trial Court, presided over by Justice Babs Kuewumi, made another order on 30th November, 2016, setting aside the order relisting the suit on 28th January, 2016.
The Respondent filed another application dated 6th December, 2016 seeking to relist the suit that was struck out on 30th September, 2015 without any prayer for extension of time and the Appellant filed a counter-affidavit to the said motion.
After parties adopted their processes, the trial Court granted the said application and made an order on 11th of October, 2017 to relist the suit on the ground that the Respondent had adduced plausible reasons why its counsel was late to Court on the date the suit was struck out on 30th September, 2015. Dissatisfied with the ruling of the trial Court, the Appellant appealed to the Court of Appeal.
ISSUE(S) FOR DETERMINATION:
The Court determined the appeal on this sole issue:
Whether the lower Court exercised its discretion judicially and judiciously on 11th October, 2017 to grant the Respondent’s application dated 6th December, 2016 to relist the suit that was struck out on 30th September, 2015 without a relief for extension of time?
DECISION/HELD:
In the final analysis, the appeal was dismissed.
RATIOS:
· APPEAL- ISSUE(S) FOR DETERMINATION: Effect of an issue for determination formulated by the Respondent which does not flow or relate to any of the ground(s) of appeal or cross-appeal
· PRACTICE AND PROCEDURE- RE-LISTING OF A SUIT: Principles guiding grant of Application for relisting a suit
· PRACTICE AND PROCEDURE- RULES OF COURT/STATUTORY PROVISION: Sanctity of rules of Court; whether Courts will dispense with the Rules of Court where compliance with same will do injustice
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