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CO-OPERATIVE AND COMMERCE BANK (NIGERIA) LIMITED V. ALEX O. ONWUCHEKWA

(1999) JELR 41863 (CA)

Court of Appeal  •  CA/E/180M/96  •  2 Dec 1999  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Lead Ruling): By his notice of motion dated and filed on 13/7/99, the applicant humbly prayed this court thus:-

(1) "For an order substituting The Nigerian Deposit Insurance Corporation (the Provisional Liquidator of Co-operative and Commerce Bank (Nig) PLC in Liquidation) in lieu of the above named defendant/appellant as the Defendant/Appellant in the above proceedings.

(2) And for such further or other orders as may seem just and/or Expedient in the circumstances".

The notice of motion further contained grounds for the Applicant's prayers to include the following:-

(a) "Judgment of the Court of Appeal was entered in favour of the Defendant/Appellant in the above proceedings on 15th June, 1998 when the said party had lost locus standi, by reason of a compulsory winding-up order of the Federal High Court Enugu dated 12th March, 1998 in Suit PHC/E/M18/98.

(b) In order to challenge the said judgment the Nigerian Deposit Insurance Corporation, as t…

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