RULING OF THE COURT
The respondents in this appeal, Standard Chartered Bank (K) Limited (the bank) and Maryam Abdulhamid Ibrahim (Maryam), filed in the appeal, separate but similar applications, under rule 80 of the Court of appeal Rules, for an order striking out the appeal on the grounds, firstly, that it was filed out of time without leave, and secondly, that primary documents, to wit, the plaint and the application for leave to issue and serve a third party notice, were omitted from the record of appeal, in breach of the mandatory provisions of rule 85(1)(c) of the rules.
The appellant, Rahilu Mohamed Khan (the appellant), as respondent in both applications, brought action against the bank for the recovery of monies she had entrusted to it. She avers in her amended plaint dated 21st May, 1998, that the bank, without her authority or knowledge, allowed Maryam to operate the appellant's bank account with the bank, and more specifically to withdraw money from it for purposes unknown to…