Skye Bank PLC V. Tuns International Holdings Limited & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated and filed on 17/10/2013, the Respondents/Applicants pray this Honourable Court for the followings:

(1) An order permitting the Respondents/applicants to compile Additional Record of appeal for use in this Appeal.

(2) An order deeming Additional Record of Appeal comprising the following:

(a) Page 3 of the Amended Statement of Claim at the court below

(b) Exhibit D2 at the court below, a copy of which was front loaded by the Appellant/Respondent at the court below; as part of the Record of Appeal in this appeal

And such further Order(s) as this Honourable Court may deem fit to make in the circumstances.

The grounds for the said application are as follows:

1. Summon to attend appellate Section of the Registry of the court below to settle Record of Appeal was served on the Respondents/Applicants after settlement of same was concluded by the Registrar in charge, one Mr. J. F. Akinyemi together with the Appellant/Respondent.
2. Page 3 of the Respondents/Applicants Amended Statement of claim containing paragraph 14 – the opening part of paragraph 21 of the Amended Statement of Claim was omitted from the Record of Appeal as compiled and transmitted to this Honourable Court by the Registry of the court below.
3. Exhibit D2 front loaded at the court below by the Appellant/Respondent during trial was omitted from the Supplementary Record of Appeal compiled and transmitted by the court below.
4. An affidavit filed before your lordships with due notice is required to challenge the completeness of the Record of Appeal and Supplementary Record of Appeal.
5. The documents listed under prayer 2 (a) and (b) above are relevant and vital to this appeal.

The applicant’s motion on notice is supported by a 42 paragraph affidavit dated 17/10/2013 sworn to by Olalekan Badmus with Exhibits TUNS 1 – Exhibits Tuns 7 and a written Address in support of the motion on notice.

The Appellant/Respondent filed a counter affidavit of 26 paragraph sworn to by Idowu Owolabi on 28/1/2014 with three (3) Exhibits A, B and C as well as a written Address dated 4/3/2014 in support of the Counter – Affidavit to motion on notice dated 17/10/2013.

The parties to this application adopted their written addresses.

Learned senior counsel for the Respondents/Applicants submitted a sole issue for determination namely:

“Whether upon a consideration of the facts and relevant law, your lordships ought to grant this application”

The counsel for the Appellant/Respondent also submitted a sole issue for determination to wit: