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NIGERIAN DEPOSIT INSURANCE CORPORATION V. ENYIBROS FOOD PROCESSING COMPANY (NIGERIA) LIMITED, CHIEF CHRISTOPHER O. ENYINWA AND IN THE MATTER OF AN APPLICATION FOR: AN ORDER FOR LEAVE TO APPEAL AS PARTY HAVING AN INTEREST IN THE CASE BY: CHARLES NDUBUISI MBAMALU

(2001) JELR 56972 (CA)

Court of Appeal  •  CA/E/63M/97 .  •  12 Jun 2001  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) JOHN AFOLABI FABIYI, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Ruling)

Appearances
K. O. Mogboh (SAN), - for the Applicant . -*- Obi Akpudo, Esq. - for the Respondents .

Judgement

MUHAMMAD, JCA (Delivering the Lead Ruling): This application once more raises issues relating to the right of appeal and what is required to be done to facilitate same. By a motion on notice dated 22/2/2000, the applicant in respect of whose prayers this ruling relates, asked us to grant him the following orders:-

“(a) Enlarging the time within which the applicant may apply for leave to appeal from the decision of the High Court, Onitsha as a party having an interest in this case.

(b) Granting leave to the applicant to appeal to this court as a party affected and having an interest in the matter.

(c) Extending the time within which to file notice and grounds of appeal as a party affected/interested in the case.

(d) An order permitting the applicant to use the records already compiled for the prosecution of this appeal.”

The application is supported by a 51-paragraph affidavit sworn to by Charles Ndubuisi Mbamalu, the applicant.

Mr. Obi Akpudo has vehemently contested the application, ba…

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