AFONJA COMMUNITY BANK (NIG) LTD V. MR. M. F. AKPAN

AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Gbadeyan, J., of the Kwara State High Court, sitting at the Ilorin Division of the court. The ruling was delivered on the 15th day of October, 1999. The ruling was as a result of a motion on notice brought before that court seeking the following reliefs:-

"(1) An order of the court extending the time within which the applicant may apply for an order setting aside the judgment of the court in suit No. KWS/108/96 delivered on 18th December, 1998.

(2) An order of the court setting aside the judgment of the court in suit No. KWS/108/96 delivered on 18th December, 1998.

(3) And for such further order or other order or orders as the court may deem fit to make in the circumstances."

The facts that led to the ruling are that the respondent as the plaintiff in suit KWS/108/96 claimed against the appellant as the defendant the following reliefs:-

1. A declaration that the plaintiff is separate and distinct…