Emmanuel Mba V. Spring Bank Plc & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Lead Ruling)

By the instant application, which was filed on 19/10/11, the Applicant has prayed the court for the following reliefs:

1. AN ORDER for extension of time for the Interested Party/Applicant to seek leave to appeal against the judgment of the High court of Lagos State delivered by Honourable Justice A. Olateru-Olagbegi in suit No. LD/M/609/206, on the 1st day of November, 2007.
2. AN ORDER for leave to appeal against the Judgment of the High Court of Lagos state delivered by Honourable Justice A. Olateru-Olagbegi in Suit No. M/609/2006, on the 1st day of November, 2007.
3. AN ORDER tor extension of time to file his Notice and Grounds of Appeal.
4. AND for such further Order or Orders as this Honourable Court may deem fit to make in the circumstances of this case.

The application is supported by a 18 paragraphed affidavit, deposed thereto on 19/10/11 by one Dr. Godwin Chiago Moemenam. Attached thereto are various documents, marked as exhibits GCM1 – GCM 11, viz:

(i) Exhibit GCM1: regarding the power of Attorney dated 29/8/11 created by the Applicant in favour of Dr. Godwin Chiago Moemenam of Messrs G.C. Moemenam & Co. Solicitors & Advocates.

(ii) Exhibit GCM2: The certificate of occupancy No. 95/95/1986 dated 27/6/86 in respect of property plot No. 10 Block 4 Lekki peninsula residential scheme (1533, 55 sq meters. (iii) Exhibits 3 & 4: The two boarding passes of Delta (Airlines bearing the name of Moemenam Godwin Chiago, dated 08/9 en route Los Angeles – Atlanta – Lagos.

(iv) Exhibit 5: The proposed notice of appeal, dated 19/10/11.

(v) Exhibit GCM 6: The originating summons dated 20/12/06.

(vi) Exhibit GCM 7: Affidavit in support, dated 20/12/06.

(vii) Exhibit 8: Certificate of Occupancy dated 79/6/86.

(viii) Exhibit GCM 9. Counter Affidavit in opposition to the originating summons, dated 27/02/07.

(ix) Exhibit GCM 70: Record of proceedings of pre-trial conference in suit no. M/609/2006, dated 01/11/07.

(x) Exhibit GCM 11: A memorandum of Deposit of title Deed, dated 15/11/99, respectively.

Apart from the aforementioned affidavit, the Applicant had equally filed a further affidavit, deposed thereto by one Albeit Nnamuka on 14/11/11. Attached thereto, are copies of the originating summons, dated 20/12/06 and affidavit in support thereof, marked as exhibits GCM 12 and 13, respectively.

On the part thereof, the Respondent has filed a 33 paragraphed counter affidavit on 27/10/11, objecting to the application. Attached to the said counter affidavit are eight exhibits, to wit: