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INTERCONTINENTAL BANK PLC V. HON. UMAR ISAH MUNGADI

(2013) JELR 56569 (CA)

Court of Appeal  •  CA/S/21/2012  •  26 Mar 2013  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Ruling) AHMAD O. BELGORE JCA JAMES S. ABIRIYI JCA

Appearances
J. T. Nyiatagher, Esq. (with him, Biola Oyebanji) - for the Appellant. Ahmad Abubakar Fingilla, Esq. (with him, O. J. Ochunu) - for the Respondent.

Judgement

ABDULLAHI JCA (Delivering the Lead Ruling): On 15 April 2011 , the Kebbi State High Court of Justice, holding at Birnin Kebbi, Coram I. B. Mairiga (J) found for the plaintiff/respondent and held thus:

“Accordingly, I have given due consideration to the claim of the plaintiff and the notice of intention to defend the claim, filed by the defendant, together with the supporting documents thereto. I am of the considered opinion that the proposed defence and the documents in support do not constitute a defence on the merit or raise any triable issue. Accordingly, I enter judgment for the plaintiff in the sum of N20,000,000 (twenty million naira).”

Dissatisfied with the decision stated supra , theapplicant filed a motion on notice pursuant to Orders 8(4), 10, 7, rule (1)(2)(5) of the Court of Appeal Rules, 2011 and the inherent powers of the court and sought for the following orders: An order of this honourable court, extending, time to the applicant within which to file its notice of app…

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