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ALISON IDRIS NIGERIAL LIMITED v. DIAMOND BANK PLC & ORS

(2016) JELR 41119 (CA)

Court of Appeal  •  CA/YL/73M/2015(R)  •  30 Jun 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Lead Ruling): This Ruling is predicated upon a motion on notice dated and filed on 28-09 2015 by the Applicant herein. It is brought pursuant to Section 241(1) of the 1999 Constitution (as amended) and Order 7 Rules 1, 6 and 7 of the Court of Appeal Rules, 2011. Therein, the Applicant seeks:

1. An order of Court extending time for the Applicant within which to appeal against the Judgment of the Gombe State High Court sitting at first instance in Suit No. GM/37m/2011 in the matter of the consolidated cases with Suit no. Gm/37/2011 and Gm/129m/2010 between the present parties, presided over by Justice Paul Idi Apollos as delivered on 7th January, 2014.

2. AND for such further or other orders as this honourable Court may deem fit to make in the circumstances.

The grounds for bringing the application are succinctly set forth in the motion papers as follows:

i. The Applicant was the Plaintiff in one case with Suit No. Gm/37m/2011 where he sued 10 De…

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