LawPavilion Online


Back

MRS. TOYIN MARINHO & ANOR v. UNITED BANK FOR AFRICA PLC & ANOR

(2017) LPELR-43253(CA)

In The Court of Appeal of Nigeria

On Friday, the 27th day of October, 2017

CA/IB/60/2009(R)


Before Their Lordships

MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria

MODUPE FASANMI Justice of The Court of Appeal of Nigeria

CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria


Between

1. MRS. TOYIN MARINHO
2. CHIEF S. A. FAGBEMI - Appellant(s)

AND

1. UNITED BANK FOR AFRICA PLC
2. MR. BHADRU - Respondent(s)


Summary

INTRODUCTION:
This is an Application for Extension of Time to Appeal.

FACTS:
This is an application filed by the Respondents/Applicant on the 16th of January 2017 praying for the discretionary power of the Court of Appeal to be entertained in their favour by extending the time within which the Respondents/Applicants could file Notice to affirm the decision of the Court on ground other than what the decision of the trial Court is based upon.

The application is supported by a twenty-four paragraph affidavit.

ISSUES:
The Court determined the application based on a sole issue thus:
"Whether the grounds contained in the proposed Respondents Notice touching on the merit of the Appellant's case before the trial Court are capable of being accommodated in this appeal particularly regard being had to the narrow issue of abuse of Court process forming the basis of the ruling of the trial Court."

DECISION/HELD:
In the final analysis, the Court of Appeal held that the Application lacked merit and it was consequently dismissed.


Read Full Judgment