PHILKO LIMITED MR. WALID KHORI V. WEMA BANK PLC
(2011) JELR 51303 (CA)
Court of Appeal
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CA/K/99M/2010
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19 Jan 2011
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Nigeria
Coram
MARY U. PETER-ODILI JCA (Presided and Read the Lead Ruling) THERESA N. ORJI-ABADUA JCA JOSEPH TINE TUR JCA
Appearances
O. A. Dada - for the Respondent. F
-*-
Appellants/Applicants absentand notrepresented even though counsel on their behalf, N. Maiyaki was in court on 29 June 2010 when the date of hearing was taken.
Judgement
<p><strong> PETER-ODILI JCA (Delivering the Lead Ruling): </strong> This is a ruling on a motion on notice filed on 27April 2010 in which the appellants/applicants prays the court for an order staying the execution of the judgment in suit No. K/91/09 delivered on 3 June 2009 by Hon. Justice A. M. Bayero of the High Court Kano, pending the hearing and determination of appeals No. K/ 58A/2009 and K/104A/09 filed before this honourable court.</p><p>On 24 November 2010, date of hearing of the motion, learned counsel for the appellants/applicants, being absent even though aware of the hearing date, having been present on the day the adjourned date was taken, the written address of the applicant filed on 7 July 2010 by order of court was taken as argued. Mr. Dada, learned counsel for the respondent adopted their written address filed on 30 July 2010.</p><p><em> Facts </em></p><p>The 1st applicant was a current account customer of the respondent at its Kano Branch, situate at Bello Road, Kano, while the 2nd applicant is the managing directo…</p>