(2000) JELR 44186 (CA)    

Court of Appeal  ·  CA/E/105M/99 ·  20 Jun 2000 ·  Nigeria
Other Citations
U. B. A. Plc v. Mode Nigeria Limited (2001) 1 NWLR (Pt.693)141
NIKI TOBI 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
conditions of appeal
legal department
rules of this court
want of prosecution
brief of argument
bundle of documents
lead ruling
registrar of the court
substantial justice
supreme court
13-paragraph affidavit
court of appeal rules
fulfillment of the conditions of appeal
vestry of paddington
assistant chief registrar of the court
bailiff of the enugu state high court
chief bailiff of that court
content of a one-page document
copy of settlement of record
court documents
decision of the court
evidence act
exercise of court
given matter
hearing of the appeal
interest of the parties
leading counsel
learned counsel
learned leading counsel
legal department of the head office of the bank
manager of the enugu branch of the applicant
merits of the appeal
notice of appeal
order of this court
powers of this court
record of appeal
registry of the high court of enugu state
respondent pleading
stipulated time
termination of the right of action
ultimate result of non-compliance

OLAGUNJU, J.C.A. (Delivering the Lead Ruling): The Applicant who filed a notice of appeal from the decision of the Court below which gave judgment for the Respondent against her in an action in which she and one other were defendants failed to satisfy the conditions of appeal as assessed by the Registrar of the Court below acting in accordance with rules 10 and 11 of Order 3 of the rules of this Court, that is to say, has failed to deposit money for producing the record of appeal and as security for costs or give security by entering into bond. In spite of the non fulfillment of the conditions of appeal, the Applicant who claimed that on 18/11/99 she obtained the order of this court for departure from the rules by allowing the appeal to be argued on the bundle of documents compiled by her. She filed her brief of argument on 18/1/2000.

"In a motion filed on 3/2/2000, the Applicant has now applied under sub-rule 4(1) of Order 3 of the rules of this Court for (a) an order enlarging the t…

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