THOMAS, JCA (Delivering the Lead Ruling): The defendant/appellant/applicant, now to be simply referred to as "applicant" in this ruling, filed on 14th February, 2005 a motion for departure from the rules in which it prayed for an order of the Court of Appeal to allow it to compile the records of appeal and also for an order that the annexed exhibit 'A', be used as the records of appeal, and that same be deemed as properly filed and served and for such further orders as the honourable court may deem fit to make in the circumstances. In support of the motion, Uche Ibezim, Esq. swore to a 19-paragraph affidavit. Paragraphs 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 are relevant and read thus:
"6. That the plaintiff filed a motion on notice dated 31st day of March 2003 praying the honourable court to substitute, the 1st defendant with Nigerian Deposit Insurance Corporation (NDIC).
7. That the learned trial Judge delivered His ruling on the 6th day of December 2004 and found in favour of the pl…