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P.M. AMAKWE NIGERIA LIMITED v. ECOBANK NIGERIA PLC

(2018) JELR 41593 (CA)

Court of Appeal  •  CA/OW/3M/2012(R)  •  19 Feb 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): There is complete want of substance in the application. The motion is founded on the impecuniosity of the applicant, a limited liability company. The affidavit in support alleging impecuniosity was not deposed to by any officer of the applicant. The applicant outside the deponents say so placed no evidence of its impecuniosity before the Court nor did it establish the inability of the Respondent to repay should its appeal fail. This application is dismissed with N30, 000.00 costs to the Respondent.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I agree

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree

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