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UNION BANK OF NIGERIA PLC V. MR. OLUSOJI SOGUNRO

(2006) JELR 33646 (SC)

Supreme Court  •  SC.124/2001  •  14 Jul 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 14th February, 2001 whereby it struck out the appellant's appeal on the ground that it is incompetent as leave was neither sought by the appellant nor granted/obtained before the said appeal was filed. Dissatisfied with the said decision, the appellant has appealed to this court on three (3) grounds of appeal. Without their particulars, they read as follows:

Ground One

"The Court of Appeal erred in law in striking out the appellant's appeal on the basis of the 1st respondent's objection without considering the appellant's counsel's arguments on the objection as canvassed on 22-11-2000".

Ground Two

The Court of Appeal erred in law when it held per AMIRU SANUSI, J.C.A. as follows:

"From the facts of the instant case, it is not in dispute that this appeal is on interlocutory matter since it is not on final judgment of the court. It is trite law tha…

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