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UNITY BANK PLC
V.
BOUARI

(2008) JELR 51099 (SC)

Supreme Court 15 Feb 2008 Nigeria
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- The dispute concerned whether Emile Bouari, acting under a 1962 power of attorney from his father Lutfallah Bouari, could lawfully mortgage family properties in Ibadan as security for debts allegedly owed by Trans Atlantic Co. Ltd, where

Case Details

Suit Number:SC. 270/2002
Judges:NIKI TOBI JSC (Presided) WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC (Read the Lead Judgment) IBRAHIM TANKO MUHAMMAD JSC CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC
Counsel:Oluwole Aluko - for the Appellants. -*- Kolawole Esan - for the Respondent.

OGBUAGU JSC (Delivering the Lead Judgment) : This is an appeal against the decision of the Court of Appeal, Ibadan Division (hereinafter called “the court below”) delivered on 9th May, 2002 allowing the appeal of the respondent and dismissing the cross-appeal of the appellants in respect of certain findings of the trial court. Dissatisfied with the said decision, the appellants have appealed to this court on eleven (11) grounds of appeal. Without their particulars, they read as follows:

“1. The Court of Appeal erred in law by allowing the appeal of the respondent when the Court of Appeal had been deprived of its jurisdiction to entertain the appeal of the respondent by the invalid and incompetent amended notice of appeal of the respondent which was filed out of time without an order of the Court ofAppeal extending the time to file it out of time. A The Court ofAppeal erred in law by not resolving the issue of its jurisdiction to entertain the appeal that was raised by the application…

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