NDIC COMMERCE BANK PLC V. TOS KOSOKO TRADING COMPANY LIMITED & ANOR

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling): This application prays for the following reliefs: -

"1. AN ORDER of this Honourable Court extending the time within which the Appellant/Applicant may appeal against the Judgment of the Federal High Court, sitting at the Lagos Judicial Division and delivered by Hon. Justice R. Oyindamola Olomojobi on 25/05/2006 in Suit No: FHC/L/FBC/177/2000.

2. AND FOR SUCH FURTHER or other orders as this Honourable Court may deem fit to make in the circumstances."

The application is premised on (ten) 10 grounds which are to the effect that the Applicant had filed an earlier appeal which was withdrawn and counsel failed/refused to re-file another appeal when instructed to do so. It is supported by an initial affidavit of (twelve) 12 paragraphs and a 14 paragraphs further affidavit to which were annexed, copies of several documents.

The Respondents filed a (thirty-one) 31 paragraphs affidavit to oppose the application and pursuant to an order by th…