MAGNIFICAT NIGERIA LIMITED & ANOR V. UNION BANK OF NIGERIA PLC

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Abia State sitting at Umuahia in Suit No. HU/92/1993 wherein the High Court gave judgment to the Respondent against the Appellants in the sum of Fifteen Million, Six Hundred and Three Thousand, Six Hundred and Forty Two Naira (N15,603,642.00). A record of appeal was transmitted to this Court and the parties exchanged briefs of argument. The Appellant raised three issues for determination. In Appellants issue two, the Appellant dwelt exhaustively with the evidence of D.W.2.

Appellants counsel specifically referred the Court to page 76 of the record of appeal. This page contains effectively the introductory part of the evidence of D.W.2. The trial Court in its judgment also dealt exhaustively with the evidence of D.W.2. The concluding part of that evidence and his cross-examination are not contained in the record of appeal.

The record of appeal is clearly incomplete and …