(2001) JELR 46317 (CA)    

Court of Appeal  ·  CA/E/118/2000 ·  18 Jun 2001 ·  Nigeria
Other Citations
A.I.B. Ltd. v. Nworah & Sons Ltd. (2001) 18 NWLR (Pt.744)1
A.I.B. Ltd. v. NworahSons Ltd. (2001) 18 NWLR (Pt. 744) 1
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court of appeal rules
preliminary objection
conditions of appeal
honourable court
lead ruling
learned counsel
record of appeal
take notice
united bank
zanda izundu
39-paragraph affidavit
above facts
affidavits viz
appeal court registry
court of appeal order of dismissal
determination of this application
dismissal of the appeal
enugu state high court no.2
favour of the respondent
following orders
full application
important points
judgment sum of n14,960,094.03 save
law office secretary
lower court
notice of preliminary objection
objection of the learned counsel
order setting aside certificate of noncompliance
provisions of order
respect of a preliminary objection
said application
said judgment
second 29-paragraph affidavit
statutory conditions of appeal
subject matter
such reliefs
suit no. e
sum total
support show
uba manager

AKPABIO, J.C.A. (Delivering the Lead Ruling): This is a ruling in respect of a preliminary objection raised by Afam Akputa Esq., learned counsel for the respondent, against an application brought on behalf of the appellant/applicant for an order restoring their appeal dismissed on 10/10/2000 for non-compliance with order 3 rule 20 of the Court of Appeal Rules. The full application of the appellant/applicant (hereinafter to be referred to simply as the "applicant") was worded as follows:-

"TAKE NOTICE THAT the Honourable Court will be moved on the Thursday 18th day of January, 2001 at the hour of 9 O'clock in the forenoon or so soon thereafter as counsel can be heard on behalf of the above named appellant/applicant praying the court for the following orders:-

1. AN ORDER setting aside certificate of noncompliance, dated 4/9/2000, issued in this appeal by the Assistant Chief Registrar of Enugu State High Court purportedly pursuant to Order 3 rule 20 of the Court of Appeal Rules on grou…

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