CO-OPERATIVE & COMMERCE BANK (NIGERIA) LIMITED V. EMEKA OGWURU

WALI, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, Onitsha Judicial Division the present appellant as plaintiff obtained judgment against the present respondent as defendant for the sum of N56, 410.25 with interest at 5% from the date of judgment. The respondent appealed against the judgment.

Three years thereafter, the present appellant brought an application before the Enugu Division of the Court of Appeal praying for-

"(a) Order for extension of time within which the plaintiff/applicant in the above appeal can file its Notice and Grounds of Cross-Appeal,

(b) regard the notice and grounds of Cross-Appeal, Exhibit B, filed on 21st January 1987 and already served on the defendant/respondent as duly filed and served on the defendant/respondent the necessary fees having been paid;

(c) to amend the name of the plaintiff/cross-appellant bank in the Notice of the Cross-Appeal and other processes filed in this appeal to read Co-operative and Commerce Bank (Nig…