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ENTERPRISES BANK LIMITED V. DEACONESS FLORENCE BOSE AROSO & ORS

(2015) JELR 40617 (SC)

Supreme Court  •  SC.166/2003(R)  •  22 May 2015  •  Nigeria

Coram
MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JSC OLABODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC

Appearances
Chief A. S. Awomolo, SAN with W. Balogun, A. Ogunleye, Daniel Odi For the Appellant; Prof. T. Osipitan, SAN with him Mrs. O. Badewole, A. M. Kayode. Miss B. A. Udo, M. D. Ilegbusi, Miss O. F. Akinsanmi, S. Lari-Williams, Miss E. A. Ogundina For the Respondent.

Judgement

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Lead Ruling): This is an application by the applicants judgment creditor brought under Section 6(6)(a) of the Constitution and Order 8 Rule 16 of the Supreme Court Rules praying this court for an order to correct some error arising from accidental slip in the summation of the facts of the case in the judgment of this court delivered on Friday the 12th day of April, 2013 so as to give full effect to the intention of the Supreme Court dismissing the appeal of the respondent judgment debtor.

The application is supported by a 22 paragraph affidavit, deposed to by Chief Deji Olatunji, the 2nd applicant judgment creditor. Annexed to it are documents marked exhibits A, B, C, D and E. A written address was filed in support of the application.

In opposing the application the respondent relied on a counter-affidavit and further affidavit filed on the 23rd of December, 2013 and 16th of September, 2014 respectively. A written address was filed opposing …

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