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UNION BANK OF NIGERIA PLC v. BONEY MARCUS INDUSTRIES LIMITED & ORS

(2000) JELR 42079 (CA)

Court of Appeal  •  CA/PH/176M/98  •  7 Dec 2000  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

NSOFOR, J.C.A. (Delivering the Lead Ruling): This is a ruling on the preliminary objection brought by the plaintiff/judgment creditor/respondent (hereinafter to be referred to simply as the objector) to the appeal from the decision on the 17th of February, 1998 by the Abia State High Court, (Mba Uduma, J) holden in Osisioma in suit No. HOS/229/96.

The ground of objection, the notice of which was filed in this court on the 12th of June, 1998, together with its "particulars" is herein under set down.

"Ground of objection"

"The appeal is interlocutory and filed out of time and therefore the Court of Appeal lacks the jurisdiction to entertain it, there being no application made for leave to file the notice of appeal out of time and there being no leave granted to that effect.

Particulars

(i) The ruling made in the court below on the 17th February, 1998 was interlocutory.

(ii) An appeal against that ruling ought to have been filed within 14 days.

(iii) The notice of appeal in this case wa…

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