CHIEF JOHN OYEGUN V. CHIEF FRANCIS A. NZERIBE

ADEKEYE JSC (Delivering the Lead Judgment): The appellant in this appeal was defendant in the suit HOG/42/95 filed in the High Court of Imo State, Oguta Judicial Division. In the considered judgment of that court delivered on 18 December 1996, the appellant was directed to pay the sum of N10,525,000.00(ten million, five hundred and twenty-five thousand naira) and interest of 5% per annum until the loan is liquidated. Feeling aggrieved by the judgment, the appellant appealed to the Court of Appeal, Port Harcourt Division. The parties in the appeal settled records on 23 March 1997 and the appellant had a period of thirty days (30) as from 24 March 1997 to fulfill the conditions of appeal. The appellant failed to comply with the conditions precedent to filing the appeal within the statutory period. This prompted the respondent to bring this to the attention of the registry. The principal registrar of the High Court Oguta notified the respondent through his counsel about the defendant…