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OBEYA
V.
FBN PLC.

(2010) JELR 47744 (CA)

Court of Appeal 8 Jul 2010 Nigeria
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- The applicant is seeking an order to extend the time to seek leave to appeal a judgment of the Benue State High Court. - The applicant's accounts at the respondent bank were overdrawn and the bank sued the applicant for sums due. - The Hi

Case Details

Suit Number:CA/J/192/2005
Judges:BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Counsel:J. S. Okutepa for the Applicant. With him M. O. Ozue, O. M, Ajonye, N. I. Ogoh and F. A. Adole. For Appellant N.O. P. Ufelle For Respondent

BODE RHODES-VIVOUR, JCA (Delivering the Leading Ruling): By way of a Motion on Notice filed on 21/11/07 and brought under 3 rule 4 (2) of the Court of Appeal Rules 2002, Section 25 Court of Appeal Act, and Section 6 (6) (a) of the Constitution the applicant seeks the following orders:

1. An order extending time for applicant within which to seek leave to appeal the judgment of the Benue State High Court, in Suit No: MD/84/83, given on the 9th of August, 2002 by Ahura J.

2. An order granting leave to the applicant to appeal against the said judgment.

3. An order extending time for the applicant to appeal the said judgment.

The applicant deposed to an 18 paragraph affidavit. Annexed to it are documents marked:

1. Exhibit A - Judgment in Suit MD/84/83.

2. Exhibit B- Notice of Appeal.

MR. Ayaban A. Terwase, the retail credit officer in the Respondent Bank deposed to a 32 paragraph counter-affidavit. Annexed to it are documents marked.

(a) Exhibit 1 - Motion dated 27/8/02

(b) Exhibit 2 - …

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