EPHRAIM
V.
AFRIBANK (NIG.) PLC

(2008) JELR 79542 (CA)    
Court of Appeal  ·  10 Dec 2008 ·  Nigeria
 · 
Other Citations
Ephraim v. Afribank (Nig.) Plc (2009) 10 NWLR (Pt. 1150) 543
CORAM
KUMAI BAYANG AKAAHS, J.C.A. (Presided), NWALI SYLVESTER NGWUTA, J.C.A. (Read the Leading Judgment), THERESA NGOLIKA ORJI-ABADUA, J.C.A.
Core Terms Beta
learned trial judge
high court
respondent’s notice
preliminary objection
cross-appeal
said grounds
leading judgment
extension of time
preliminary objection fails
days of the order
appellant’s notice
respondent
said date
counsel
appellant
trial court
order
appellant’s case
application
fair hearing
list suit
orji-abadua
date of the order
above conditions
issues
rule
cogent reason
error of counsel
such notice
grounds of appeal
notice of preliminary objection order
good reason
n10m
effect of dismissal of a case
case
lower court’s judgment
respondent’s brief
default of the defendant
court
issue
appeal
circumstances of the case
agbube j.
applicant
inadvertence of counsel
suit
grounds
nwali sylvester ngwuta
brother
plaintiff

NGWUTA, J.C.A. (Delivering the Leading Judgment): The appellant herein, as plaintiff sued the respondent then defendant in the High Court, Calabar claiming as follows:-

“(1) N10M (ten Million Naira) only as damages for the breach of contract.

N2M (two Million Naira) only as damages for (2) defamation.

N1M (one Million Naira) only general and (3) exemplary.”

On 26/1/07 the appellant and his counsel were absent and upon the application of learned counsel for the respondent, the suit was dismissed pursuant to Order 37 Rule 8 of the High Court Rules of Cross River State.


On 7/2/07 the appellant filed a motion for an order to set aside the order dismissing the suit on 26/1/07.

After the argument of learned counsel for the appellant on 28/2/07, learned counsel for the respondent, in his reply said the application was not filed within 6 days of the order dismissing the suit and there being no prayer for extension of time to file the application, he urged the court to dismiss same.

Counsel for the a…

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