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DR. ERASTUS AKINGBOLA & ANOR V. INTERCONTINENTAL BANK PLC & ORS

(2014) JELR 40200 (CA)

Court of Appeal  •  CA/L/606/11  •  7 Mar 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
I. A. Aniakor, Esq. with Miss Pamela Unegbu For Appellant Dr. K. U. K. Ekwueme with Abiodun Aikomo, Esq., and Miss Oluwatosin Phillips for the 1st-6th RespondentsJames Ujah, Esq., for the 7th-14th RespondentsD. Obidiegu, Esq., for the 15th RespondentBenjamin Omoruyi, Esq., with Miss Stella C. Egwuatu, for the 16th Respondent For Respondent

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Lead Ruling): By an Application dated 25/1/2012, the Appellants are praying this Court for leave to amend their Notice of Appeal - by deleting the entirety of Grounds 1, 3, 4, 5 and 7 and inserting in its place a new Ground One; "by amending Ground 6" and substituting and/or inserting it as Ground Three; "by deleting the words 'and/or statute barred' as they appear in Ground Eight", and "by renumbering Ground Eight and Ground Nine to now read Ground Four and Ground Five respectively". They also pray for a deeming Order in respect of the Amended Notice of Appeal; leave to amend their Brief of Argument; extension of time to file their Reply Brief to the 7th - 14th Respondents Brief; and to deem the said Reply Brief as duly filed.

The Grounds for the Application are as follows -

1. That notwithstanding that the Ruling of the trial Federal High Court, per Okeke J., the subject matter of the Appellants' Appeal in this Suit was delivered on 14/6/201…

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