NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LIMITED
V.
OZOEMELAM

(2004) JELR 45076 (CA)    

Court of Appeal  ·  CA/K/226/2002 ·  16 Jul 2004 ·  Nigeria
 · 
Other Citations
N.A.C.B. Ltd. v. Ozoemelam (2005) 7 NWLR (Pt.925)552
N.A.C.B. Ltd. v. Ozoemelam (2005) 7 NWLR (Pt. 925) 552
CORAM
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULAKADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court of kaduna state
learned trial judge
leading judgment
kaduna state high court
judgment of this court
learned trial court
extension of time
determination of this application
further execution of the judgment of this honourable court
28th day of may
such party fails
hearing of this application
circumstances of the present case
days of the delivery of such judgment
longer period
appellant claims
appellant
provisions of order
civil procedure
submission of the learned counsel
favour of the applicant
following issues
respectful opinion
hearing notices
judgment of the lower court
lack of interest
following reliefs
lower court
proceedings of the 1st february
default of the defendant
counsel
grounds of appeal
briefs of argument
order
rule
enlargement of time
mr. okoye
lower court ought
high court
good cause
mr. appolous chikezie
principle of audi alteram partem
respondent
further support of his argument
interim order
branch manager
circumstances of this case

SALAMI, J .C.A. (Delivering the Leading Judgment): In the High Court of Kaduna State, sitting in Kaduna, the appellant applied under Order 21 rule 3(1) and (2) and Order 36 rule 9 of the Kaduna State High Court (Civil Procedure) Rules, Cap. 68 of the Laws of Kaduna State of Nigeria, 1991, praying for the following reliefs-

"1. Extension of time within which to apply to set aside the judgment of this court dated 28th day of May, 1999, delivered in favour of the plaintiff in default of the defendant's appearance.

2. Setting aside the judgment of this court in this suit, originating summons delivered in default of the defendant's appearance on 28th May, 1999.

3. An order staying further execution of the judgment of this Honourable Court particularly the sale of the defendant's bus Toyota Reg. No. AJ 966 DKA pending the determination of this application.

4. An interim order releasing the afore-described vehicle before or at the hearing of this application."

The learned trial Judge, in …

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