DANIEL OKUNOLA ALALADE V. NATIONAL BANK OF NIGERIA LIMITED (NO.2)
(1997) JELR 45496 (CA)
Court of Appeal
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CA/L/242B/95
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10 Apr 1997
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Nigeria
Coram
SAMSON ODEMWINGIE UWAIFO JCA;
EMMANUEL OLAYINKA AYOOLA JCA;
IGNATIUS CHUKWUDI PATS-ACHOLONU JCA;
Appearances
Adekunle Omowole, Esq; For Appellant
Dr. F.A. Ajayi, SAN, (with him, T. A. Olukoya, Esq. and J. Agbana, Esq.) For Respondent
Judgement
<p><strong>UWAIFO, J.C.A. (Delivering the Leading Judgment): </strong>The appellant compiled record for the purposes of this appeal marked Exhibit A in an affidavit sworn by him on 24 July, 1995. He compiled a supplementary record marked Exhibit B in an affidavit sworn by him on 18 November, 1996. He omitted some vital documents such as (1) a ruling made on 14 December, 1990 which ordered the sale of the appellant's immovable properties for his failure to pay the judgment debt of ₦171,705.25 upon a judgment delivered against him on 3 July, 1974 pending an appeal against that ruling. The respondent had to compile a supplementary record to include a copy of that ruling; (2) a ruling made on 26 April, 1991 for the appellant to deposit the said sum of ₦171,705.25 with the Chief Registrar of the High Court, Lagos, as a condition for staying the execution of that ruling of 14 December, 1990. </p><p> By a motion dated 7 May, 1991, the appellant sought a variation of the order of stay made on 26 April, 1991. The record…</p>