judy.legal
Login Register

MERCANTILE BANK NIGERIA PLC v. IMESCO ENTERPRISES LIMITED

(2016) JELR 41622 (CA)

Court of Appeal  •  CA/C/128/1999  •  23 Jun 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Cross River State sitting at Calabar coram S.E.J. Ecoma C. J. of blessed memory delivered on the 21st November, 1995. The Lower Court on an application to withdraw the suit during trial, exercised discretion and dismissed the suit rather than merely strike it out as applied by the Appellant.

The Appellant bring dissatisfied with the above Ruling of the Court filed a Notice of Appeal on the 15th December, 1995.

However, owing to the re-structuring of the Appellant (Mercantile Bank Nigeria PLC) and subsequent taking over of same by their liquidator, the Nigeria Deposit Insurance Corporation (NDIC) the appeal was not prosecuted diligently until recently when the present Counsel B. E. Udo, Esq., took up the challenge and filed a motion for extension of time within which to file the Appellants brief. Thereafter, he filed Notice of Appeal containing three grounds and later adde…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login