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CAPITAL OIL AND GAS LIMITED & ANOR
V.
ASO SAVINGS AND LOANS LIMITED & ANOR

(2021) JELR 112972 (CA)

Court of Appeal 19 Nov 2021 Nigeria
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- The case arises from a dispute over the enforcement of a consent judgment detailing a mortgage facility on Plot No. 1196, Zone AS (No.10 Oguda Close, Maitama District, Abuja), in which the Appellants failed to repay the agreed sum of N1,2

Case Details

Suit Number:CA/A/1138/2019
Judges:MOORE ASEIMO ADUMEIN JCA MOHAMMED MUSTAPHA JCA ISAH BATURE GAFAI JCA
Counsel:CHARLES I. NDUKWE ESQ WITH IFEOMA ESOM (MRS) FOR THE APPELLANTS; AYOTUNDE OGUNLEYE, ESQ FOR THE 1ST AND 2ND RESPONDENTS.
Location:Abuja

ISAH BATURE GAFAI, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of the Federal Capital Territory Abuja in Suit No. FCT/HC/CV/2771/15 delivered on the 25th of November, 2019 in which ·it granted the Respondents' motion which sought against the Appellants an Order of foreclosure of the equity of redemption, among others. Let me at the onset observe that while reading the Briefs of the parties in this appeal preparatory to this Judgment, I read at page 7 of the Appellants' Reply Brief the following:

2.2.3 The Appellants by the Notice of Appeal contained at page 122 to 125 of the Record of Appeal, filed only 3 (three) grounds of appeal. Subsequently, they brought a motion on notice dated and filed on the 16th of June, 2020 for leave to file and argue Ground 4 and 5 as Additional Grounds of Appeal. However, owing to the fact that the 3rd and 4th Respondents were not served with the hearing notices, the application was not taken on the 16th of…

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