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ALLISON & ANOR
V.
STERLING CAPITAL MARKETS LTD

(2017) JELR 37860 (CA)

Court of Appeal 19 Jun 2017 Nigeria
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Case Details

Suit Number:CA/E/550M/2014(R)
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:Chidi E. Ujoatumba For Appellant Lekan Bade-John with him, Ujam H. Ujam For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Lead Ruling): The Applicants brought an application by motion on notice filed on 16/11/16 pursuant to Order 7 Rules 1 and 10(1) and (2) of the Court of Appeal Rules 2011. The motion is supported by an affidavit of 16 paragraphs to which 3 exhibits were attached.

By the said motion on notice, the Applicants are praying this Court for extension of time to appeal against the default judgment delivered by Hon. Justice A.R. Ozoemena of the Enugu State High Court on 17/12/13.

The grounds for the application as contained on the face of the motion paper are as follows:

(a) The Appellant was very sick and down with stroke for a long time, and admitted at Smart Health Hospital on the 30th day of October 2013 for medical attention.

(b) The former law firm engaged to handle this matter could not continue to render the required legal services as a result of the Appellants ill health which affected their funding.

(c) The Appellants time within which to f…

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