UNION BANK OF NIGERIA PLC. V. GARILLA LIMITED

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Ruling): By a motion on notice dated 26th of June, 2010 and filed on the 28th June, 2010, the Applicant herein asked the court to set aside the Notice of Appeal filed on the 31/7/2006 by the Appellant who is Respondent in this application for being null and void ab initio. The ground upon which this application is predicated are as follows:-

a) The Notice of Appeal which was filed by the Appellant contains the name of a non-juristic personality, a liquidated limited liability company and therefore akin to a dead person, thus rendering the said notice and grounds of appeal void ab initio.

b) Any process filed against a non juristic personality is void ab initio and therefore a nullity."

This application is supported by an eight paragraphs affidavit deposed to by Foster Okeri, a solicitor in the law firm of E. B. Ukiri and Co., counsel for the Applicant Annexed to the application are the notice of appeal, subject matter of this applicat…