Heritage Banking Company Limited V. National Universities Commission (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH E. EKANEM, J.C.A. (Delivering the Lead Ruling)

The appellant/applicant applies for;

“(i) AN ORDER enlarging time within which the Appellant/Applicant may file its Notice of Appeal against the decision of the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/293/2005 contained in the judgment of Honourable Justice A. I. Chikere on 3rd of February 2006.

(ii) AN ORDER deeming the already filed and served Notice of Appeal as properly filed and served, the appropriate filing fees having been paid.

(iii) AN ORDER of this Honourable Court staying enforcement or further enforcement of the judgment of the court below in Suit No. FHC/ABJ/CS/293/2005 contained in the judgment delivered by Honourable Justice A. I. Chikere on 3rd February 2006 either by way of garnishee proceedings, writ of execution, attachment and sale of the judgment debtor’s assets, writ of delivery, writ of possession, writ of sequestration or any other form of enforcement of a judgment debt pending the hearing and determination of the Appellant/Applicant’s appeal against the judgment”.

The grounds for the application are set out in the motion paper. The motion is supported by;

(i) A 36 – paragraph affidavit deposed to by Lynda Dunkwu, a legal practitioner in the firm of Babalakin & Co, Solicitors to the appellant/applicant, with exhibits, LD1, LD2, LD3, LD4, LD5, LD6, LD7, LD8, LD9, and LD10 attached;

(ii) An 11- paragraph further affidavit deposed to by Lynda Dunkwu;

(iii) A written address in support of the motion; and

(iv) A reply on points of law.

The respondent responded by filing;

(i) A 19 – paragraph counter affidavit deposed to by Folorunsho Ariyo, a Senior Legal Officer in the Legal Division of the Respondent, with Exhibits 9 and 10 attached; and

(ii) A written address.

When this application came up in court on 10th June, 2014, O.I. Arasi, Esq, of counsel, for the appellant/applicant adopted the written address and reply filed on behalf of the appellant/applicant. Counsel for the respondent, T.A.B. Oladipo, Esq adopted the written address filed on behalf of the respondent.