(2002) JELR 44467 (CA)    

Court of Appeal  ·  CA/E/14M/2002 ·  14 Mar 2002 ·  Nigeria
Other Citations
Okonkwo v Mode Nig Ltd (2002) 14 NWLR (Pt.788)588
Okonkwo v. Mode (Nig.) Ltd. (2002) 14 NWLR (Pt. 788) 588
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
third party
third party proceedings
earlier action
preliminary objection
mode nigeria ltd.
enugu state high court
extension of time
federal high court
supreme court
grounds of appeal
senior advocate
favour of the defendant
high court rules
interested party
lead ruling
part of the said decision
rule of court
behalf of the third party
chief judge high court of enugu state
course of the proceedings
court of appeal act
enugu state
execution of the judgment
final analysis
garinshee order
general principle
high court rules of anambra state
judgment creditor
leave of the honourable court
mode nigerian ltd.
mr. a. n. anyamene
notice of motion
n.s.e. ltd.
ruling of the high court
senior counsel
stay of execution of the judgment
such appeal
such judgment
third party proceeding
third party vide exhibit cja

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Lead Ruling): Vide his notice of motion dated 8th February, 2002, the plaintiff/appellant prayed for:-

"(a) Extension of time within which to apply for leave to appeal against only a part of the decision of Hon. J.C.N Ugwu - Chief Judge High Court of Enugu State, delivered on 26th July, 2000.

(b) Leave to appeal against only a part of the said decision. Extension of time within which to file the notice and grounds of appeal against only a part of the said decision, the time allowed by the statute to file such appeal has expired.

(c) Leave of the honourable court for the appellant/applicant to appeal in person to conduct his case in person/through representative agent".

The applicant deposed to an affidavit of 24 paragraphs. Exhibits 1-10, both inclusive, were annexed.

A motion on notice dated 19th February, 2002 was filed on the same date on behalf of the third party/respondent. Therein, the third party indicated that it will apply that the …

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