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BECAY INTERNATIONAL NIGERIA LIMITED v. FIDELITY BANK PLC

(2017) JELR 38253 (CA)

Court of Appeal  •  CA/L/29M/2016(R)  •  17 Feb 2017  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

BIOBELE A. GEORGEWILL, JCA (DELIVERING THE LEAD RULING): This is an Application filed by way of a Motion on Notice on 2/2/2016 by the Applicant and brought pursuant to Section 241 and 243 of the Constitution of Federal Republic of Nigeria 1999 (as amended), Section 24(4) of the Court of Appeal Act 2004 and Order 7(1) of the Court of Appeal Rules 2011 praying this Court for an order granting the Applicant extension of time within which the Applicant may appeal against the judgment of the High Court of Lagos State; Coram: A. Olateru-Olagbegi J., in Suit No. LD/1206/2005: Becay International Limited v. Fidelity Bank delivered on 22/3/2011 on the grounds that at the time of the delivery of the said judgment, the Applicant did not have sufficient funds to proceed with the Appeal but has now managed to raise sufficient funds to proceed with the Appeal.

In support of the application is an Affidavit of 22 paragraphs deposed to by one Anthony Ansike, the Managing Director of the Applicant, anne…

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