MS. Edith Omenazu V. Ecobank Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling)

This is a Motion on Notice filed on 2nd March, 2015 brought pursuant to Order 7 Rule 1 & 10 (1) Court of Appeal 2011. The motion is praying the Court for the following orders:

1. ORDER extending the time to apply for leave to appeal against the decision as contained in the ruling of the High Court of Lagos State dated 15th November, 2005 in Suit No. ID/1834/99 delivered by Honourable Justice A. M. Nicol-Clay, sitting at the Ikeja Judicial Division, a similar application having been made to High Court and refused in the ruling dated 8th June, 2010 delivered by Honourable Justice O. Gbajamiala;
2. ORDER extending the time to leave to appeal against the decision as contained in the ruling of the High Court of Lagos State dated 15th November, 2005 in Suit No. ID/1834/99 delivered by Honourable Justice A. M. Nicol-Clay, sitting at the Ikeja Judicial Division, a similar application having been made to High Court and refused in the ruling dated 8th June, 2010 delivered by Honourable Justice O. Gbajamiala; and
3. ORDER for leave to appeal against the decision as contained in

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the ruling of the High Court of Lagos State dated 15th November 2005 in Suit No. ID/1854/99 delivered by Honourable Justice A. M. Nicol-Clay, sitting at the Ikeja Judicial Division, a similar application having been made to High Court and refused in the ruling dated 8th June, 2010 delivered by Honourable Justice O. Gbajamiala;

AND FURTHER OR OTHER ORDERS as deemed fit by the Honourable Court of Appeal, in the circumstances of this case.”

In support is a seven paragraph affidavit deposed to by one Ibukun Agboola. Counsel relied on all the paragraphs and all the exhibits attached.

The Respondent filed on 4th June, 2015 a fifteen paragraphs counter-affidavit upon which he relied.

The Court thereafter, ordered the parties to file written addresses for and against the motion.

The Applicant’s counsel filed his written address on 17th June, 2016 and a reply on 7th September, 2016. Counsel adopted both briefs in urging the Court to grant his prayers. The Respondent in response filed his written address on 29th August, 2016. Counsel adopted his address in urging the Court to refuse the Applicant’s prayers.

The Applicant

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articulated just one issue for determination:

Whether in the circumstances of the disclosures by the Applicant for not appealing within the prescribed period, and/or her applying by this present application, and the grounds of appeal endorsed in the proposed Notice of Appeal, the application ought to be granted by the Court of Appeal.

The Respondent also submitted one issue for determination namely: