SHEBAH EXPLORATION & PRODUCTION COMPANY LIMITED V. OXBOW CONCEPT & RESOURCES LIMITED

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Lead Ruling): There are two motions in this matter. The first motion which was filed on 11-07-17 prays for an extension of time for the appellant to compile and transmit the record of appeal and to deem the record of appeal already compiled and transmitted as having been duly compiled and transmitted.

The second motion was filed on 23-11-17. It seeks to dismiss the appeal for failure of the appellant to compile and transmit the record of appeal within the stipulated statutory period; or in the alternative an order directing the appellant to deposit the judgment debt of $2, 149,507.35 (two million, one hundred and forty nine thousand, five hundred and seven United States dollars and thirty five cents) with the Chief Registrar of the Court to keep in an interest yielding account pending the determination of the appeal.

The practice and procedure is that when there is a constructive application to save an action and a destructive application t…