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FIRST CITY MONUMENT BANK PLC. V. NIGERIA INSTITUTE OF MEDICAL RESEARCH & ANOR.

(2008) JELR 46901 (CA)

Court of Appeal  •  CA/L/369M/2007  •  17 Jul 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO, J.C.A (Delivering the Lead Ruling): By Motion on Notice dated and filed on 22nd day of May 2007 the Applicant sought the following orders:

"1. An order enlarging the time within which the Applicant can file its NOTICE OF APPEAL against the Garnishee Order Absolute granted by the Honourable Justice B. B. Aliyu of the Federal High Court holden at Lagos and delivered on the 11th December, 2006.

2. And for such further order or other orders as this Honourable Court may deem fit to make in the circumstances".

The motion is supported by a 22 paragraphs affidavit deposed to by Caroline Ekemode, a legal practitioner of 27/29 Odunlami Street Lagos exhibited in the affidavit are the following: Exhibited A - the copy of affidavit of service, Exhibit B - the proposed Notice of Appeal and Exhibit C - the record of proceedings of the Federal High Court on 11 of December, 2006 wherein an order absolute was made by the Court, Below also in support is a first further affidavit f…

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