Obande Obeya V. First Bank Of Nigeria Plc (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Ruling)

By way of a Motion on Notice filed on 21/11/07 and brought under 3 rule 4 (2) of the Court of Appeal Rules 2002, Section 25 Court of Appeal Act, and Section 6 (6) (a) of the Constitution the applicant seeks the following orders:

1. An order extending time for applicant within which to seek leave to appeal the judgment of the Benue State High Court, in Suit No: MD/84/83, given on the 9th of August, 2002 by Ahura J.
2. An order granting leave to the applicant to appeal against the said judgment.
3. An order extending time for the applicant to appeal the said judgment.

The applicant deposed to an 18 paragraph affidavit. Annexed to it are documents marked:

1. Exhibit A – Judgment in Suit MD/84/83.
2. Exhibit B- Notice of Appeal.

MR. Ayaban A. Terwase, the retail credit officer in the Respondent Bank deposed to a 32 paragraph counter-affidavit. Annexed to it are documents marked.

(a) Exhibit 1 – Motion dated 27/8/02

(b) Exhibit 2 – Further affidavit dated 29/1/2003

(c) Exhibit 3 – Certified true copy of proceedings of 17/3/2003

(d) Exhibit 4 – Motion dated 4/6/2003

(e) Exhibit 5 – Further affidavit dated 20/10/03

(f) Exhibit 6 – Notice of preliminary Objection filed on 22/10/03

(g) Exhibit 7 – Proceeding of 20/09/04 wherein application to vary order of installmental payment was struck out.

(h) Exhibit 8 – Letter dated 29/3/05 to the sheriff High court Makurdi to process writ of Fifa.

(i) Exhibit 9- Letter dated 13/12/03 on settlement of judgment sum.

(j) Exhibit 10 – Letter dated 16/12/02.