Union Bank of Nigeria Plc V. Boney Marcus Industries Limited & Ors (2000)

LawGlobal-Hub Lead Judgment Report

NSOFOR, J.C.A. 

T

his is a ruling on the preliminary objection brought by the plaintiff/judgment creditor/respondent (hereinafter to be referred to simply as the objector) to the appeal from the decision on the 17th of February, 1998 by the Abia State High Court, (Mba Uduma, J) holden in Osisioma in suit No. HOS/229/96.

The ground of objection, the notice of which was filed in this court on the 12th of June, 1998, together with its “particulars” is herein under set down.

“Ground of objection”

“The appeal is interlocutory and filed out of time and therefore the Court of Appeal lacks the jurisdiction to entertain it, there being no application made for leave to file the notice of appeal out of time and there being no leave granted to that effect.

Particulars

(i) The ruling made in the court below on the 17th February, 1998 was interlocutory.

(ii) An appeal against that ruling ought to have been filed within 14 days.

(iii) The notice of appeal in this case was filed on the 27th day of March, 1998 and therefore filed out of time and without leave of court.

(iv) The ruling of the court below on the 25th of May, 1998 to the effect that the notice of appeal is void and incompetent stands and has not been appealed against.

(v) By reasons of the foregoing the notice of appeal is void and the Court of Appeal lacks the jurisdiction to entertain any proceeding based on that.”

The “notice of preliminary objection” was accompanied with an affidavit of nine(9) paragraphs sworn by Chief Boniface Ezissi the Managing Director to the respondent/objector.

And verified therein were some exhibits to which I shall refer in the ruling.