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UNITED BANK FOR AFRICA PLC. v. MODE NIGERIA LIMITED

(2000) JELR 44186 (CA)

Court of Appeal  •  CA/E/105M/99  •  20 Jun 2000  •  Nigeria

Coram
NIKI TOBI JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

OLAGUNJU, J.C.A. (Delivering the Lead Ruling): The Applicant who filed a notice of appeal from the decision of the Court below which gave judgment for the Respondent against her in an action in which she and one other were defendants failed to satisfy the conditions of appeal as assessed by the Registrar of the Court below acting in accordance with rules 10 and 11 of Order 3 of the rules of this Court, that is to say, has failed to deposit money for producing the record of appeal and as security for costs or give security by entering into bond. In spite of the non fulfillment of the conditions of appeal, the Applicant who claimed that on 18/11/99 she obtained the order of this court for departure from the rules by allowing the appeal to be argued on the bundle of documents compiled by her. She filed her brief of argument on 18/1/2000.

"In a motion filed on 3/2/2000, the Applicant has now applied under sub-rule 4(1) of Order 3 of the rules of this Court for (a) an order enlarging the t…

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