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AFRIBANK NIGERIA PLC
V.
SHANU & ANOR

(1996) JELR 43600 (CA)

Court of Appeal 21 Mar 1996 Nigeria
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- The applicant, a commercial bank and appellant in the underlying appeal, sought leave to raise a fresh point of law on admissibility of prior testimony, amend its grounds of appeal, correct/transmit original notes of evidence, and extend

Case Details

Suit Number:CA/B/103M/94
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria
Counsel:E.O. Sofunde, SAN. (with him, A.O. Delano) For Appellant Chief M.I. Ahamba, SAN. (with him, C. Nwuke) For Respondent
Other Citations:Afri Bank Nig. Plc. v. Shanu (1996) 6 NWLR (Pt.456)

AKINTAN, J.C.A. (Delivering the Lead Ruling): The applicant is one of the leading licensed commercial banks in the country with branches in many parts of the country. It is also the appellant in the substantive appeal in the present case now pending in this court. The respondents are also the respondents in the same appeal.

The applicant has in this motion prayed the court for the following reliefs:-

"1. pursuant to the court's inherent jurisdiction granting it leave to raise and argue a point of law not raised in the court below, namely, the admissibility and use as evidence in the trial before Edokpayi J. of the testimonies of the 1st plaintiff and the defence witnesses taken before Obi J. in terms of ground 2 of the proposed grounds of appeal contained in the schedule hereto;

2. pursuant to Order 3 rules 2(5) and 16 of the Court of Appeal Rules hereinafter called "the Rules" granting it leave to amend the notice and grounds of appeal contained at pages 242 and 243 of the record of…

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