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MRS. EUNICE EMADAGO V. MR. CYPRIAN WICHNDU MR. AUSTIN KAKO MR. BRIGHT N. AHIAIDU MR. OKORO MR. PETER MR. EMMANUEL WOKO MR. BOMA OGIE MRS. PREYE EGBE MR. REGINALD SAZI PASTOR LOVEDAY IDAMINABO PASTOR AMAECHI NWAGBOSO MRS. BONA GORDEN MRS. EMELDA ONYELUSI EAGLE FORTUNE EXPRESS INT’L LTD. UGO-AKU COMMUNITY BANK LTD.

(2013) JELR 55902 (CA)

Court of Appeal  •  CA/PH/540/2009  •  21 Feb 2013  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA (Presided) CHIOMA EGONDUNWOSU-IHEME JCA UCHECHUKWU ONYEMENAM JCA (Read the Lead Judgment)

Judgement

ONYEMENAM JCA (Delivering the Lead Judgment): The appeal is against the ruling of the Rivers State High Court sittingin Port Harcourt in suit No: PHC/1041/2003 delivered on 8 June 2009. The trial court in the said ruling dismissed the appellant’s application filed on 18March 2009. The appellant had brought an application before the lower court seeking for the following prayers: “1. An order for extension of time to apply to set aside the judgment of this court delivered on 7 December 2006 against the 3rd defendant.

An order setting aside the judgment of this honourable court delivered on 7 December 2006.

An order settingaside the notice of attachment and sale against the immovable properties of the 3rd defendant. 4. An order granting leave to the 3rd defendant to defend the action. 5. An order that this honourable court set this matter down for trial as the 3rd defendant in this case has a good and valid defence. 6. And for such further order(s) that this honourable court may deem fit…

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