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PATRICK OLORUNTOGBE v. SKYE BANK

(2017) JELR 37817 (CA)

Court of Appeal  •  CA/AK/75M/2013(R)  •  23 May 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Lead Ruling): By a motion on notice, dated 3rd May, 2011 and filed on 7th May, 2013, the appellant prayed this Court for:

AN ORDER FOR THE ENLARGEMENT OF TIME within which the Defendant/Applicant may appeal against the decision contained in the judgment of the Ondo State High Court sitting at Owo in respect of the Counter-Claim filed by the Defendant/Respondent in Suit No.HOW/34/2003: Anthony Omoosanyin v. COOP. BANK PLC. and 2 ORS and which judgment was delivered on the 2nd day of June, 2005 by Justice B.O: Fadoju.

The application is predicated on five (5) grounds. It is supported by a 30 - paragraph affidavit with seven (7) annexures, Exhibits CR001 - CR007, attached to it. It is, also supported by a 13 - paragraph further affidavit filed on 27th October, 2014.

In opposing the application, the respondent, on 22nd October, 2014, filed a 15 - paragraph counter-affidavit with one annexure, Exhibit TS, attached to it.

Following the opposition, …

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