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NEW NIGERIA BANK PLC v. DENCLAG LIMITED & ANOR

(2000) JELR 43809 (CA)

Court of Appeal  •  CA/J/27M/2000  •  24 Feb 2000  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; JOSEPH JEREMIAH UMOREH JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

I. T. MUHAMMAD, J.C.A. (Delivering the Lead Ruling): In a motion on notice filed by the appellant/applicant on the 14th day of February, 2000, the applicant prays for the following reliefs:

"(a) Setting aside the "Certificate of Non-compliance with conditions imposed upon a would be appellant" dated 8th February, 2000 (Civil Form 16) issued in this case by the Registrar, High Court of Justice, Jos and

(b) listing the appeal for hearing.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances".

The background facts giving rise to this application were that, by a certificate of non-compliance with conditions imposed upon the Applicant filed by the registrar to the court below on the 9th day of February, 2000, the Registrar informed this Court that:

"Pursuant to Order 3 rule 20 of the Federal Court of Appeal Rules, I hereby certify that the appellant(s) in the above named cause has complied with none of the requirements of Order 3 rules 10 …

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