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UGBABE FURNITURE COMPANY LIMITED & ORS v. AFRICAN CONTINENTAL BANK PLC & ANOR

(2017) JELR 37431 (CA)

Court of Appeal  •  CA/J/341M/2016(R)  •  4 Jul 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A.(Delivering the Lead Ruling): This is a Ruling on the application seeking an order to set aside ex debito justitiae the judgment of this Court, delivered on the 15th day of December, 2015 allowing the appeal against the judgment of the lower Court dated February 22nd, 2013.

The order seeks a rehearing of the appeal on the basis of the material exhibited to the affidavit in support of the notice of motion. The application was brought by way of Motion on Notice under Order 7, Rules 1 and 10(1), Order 15 Rules 1 and 3 of the Court of Appeal Rules, 2011 (as amended), Section 6(6)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under the inherent jurisdiction of this Honourable Court.

The prayers are as follows:

1. AN ORDER granting Extension of time to the 2nd Respondent/Applicant within which to apply and/or seek LEAVE to set aside the judgment of this Honourable Court delivered on the 15th day of December, 2015 in Appeal No. CA/J…

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