Union Bank Of Nigeria PLC V. Chief S.E. Ezewudo (2008)

LawGlobal-Hub Lead Judgment Report

ADAMU JAURO, J.C.A.

The applicant herein, pursuant to his application dated and filed on 16th May, 2008 is praying this court for the following:.

“1. An order allowing the Respondent/Applicant to correct the clerical error in the RESPONDENT’S BRIEF dated the 30th day of April, 2007 and filed on the 2nd day of May, 2007 mistitled “AMENDED RESPONDENT’S BRIEF” by deleting the word “AMENDED” in the title of the said RESPONDENT’S BRIEF;

2. An order deeming the corrected Respondent’s Brief, a copy of which is attached to the affidavit in support of this motion and marked Exhibit “A”, as duly rectified filed and served;

3. Such further order or orders as the court may deem fit to make in the circumstances.”

In support of the application is a 21 paragraphs affidavit with six annextures marked exhibits ‘A’ to ‘F’. In further support of the application is a further and better affidavit of II paragraphs, filed in response to the counter affidavit of the respondents.

The background facts giving rise to this application, are lucidly stated in paragraphs 3 to 19 of the affidavit in support, which are hereby reproduced thus;-

“3. That I know as a fact that by a motion dated 20th February, 2006, the respondent sought an order of court to deem his brief filed on the same date as properly filed and served.

4. That the appellant subsequently brought a motion dated the 13th of April, 2006 to amend its Notice of Appeal and to deem it amended brief of argument based on the proposed Notice of Appeal as properly filed and served.

5. That on the 30th of October, 2006 the appellant’s said motion to amend its Notice of Appeal and deem the amended brief properly filed and the respondent’s application for extension of time to file its brief came up for hearing before the court.

6. That this honourable court on the said 30th of October, 2006 granted leave to the appellant to amend its Notice of Appeal and to file the Amended Notice within ten days.

7. That the Appellant’s counsel having withdrawn his 2nd prayer to amend his brief of argument, this honourable court struck out that prayer.

8. That in the circumstances, as the appellant was yet to file its amended brief based on the new, Amended Notice of Appeal, the respondent’s application dated 20th February, 2006 for extension of time to file the respondent’s brief and to deem the said brief properly filed and served was overtaken by the events of the day and the respondent’s counsel withdrew his application.

9. That now shown to me and marked Exhibit “A” is a copy of the court’s proceedings on the said 30th of October, 2006.