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NDIC COMMERCE BANK
V.
TOS KOSOKO TRADING CO. LTD & ANOR

(2018) JELR 42352 (CA)

Court of Appeal 26 Jan 2018 Nigeria
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Case Details

Suit Number:CA/L/1042M/2016(R)
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:A. M. Kotoye with him, A. E. Taiwo For Appellant A. K. Williams For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling): This application prays for the following reliefs: -

"1. AN ORDER of this Honourable Court extending the time within which the Appellant/Applicant may appeal against the Judgment of the Federal High Court, sitting at the Lagos Judicial Division and delivered by Hon. Justice R. Oyindamola Olomojobi on 25/05/2006 in Suit No: FHC/L/FBC/177/2000.

2. AND FOR SUCH FURTHER or other orders as this Honourable Court may deem fit to make in the circumstances."

The application is premised on (ten) 10 grounds which are to the effect that the Applicant had filed an earlier appeal which was withdrawn and counsel failed/refused to re-file another appeal when instructed to do so. It is supported by an initial affidavit of (twelve) 12 paragraphs and a 14 paragraphs further affidavit to which were annexed, copies of several documents.

The Respondents filed a (thirty-one) 31 paragraphs affidavit to oppose the application and pursuant to an order by th…

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