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IYALABANI CO. LTD. VS BANK OF BARODA

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IYALABANI CO. LTD. VS BANK OF BARODA

Legalpedia Citation: (1995) Legalpedia (SC) 15611

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Apr 6, 1995

Suit Number: SC. 194/1988

CORAM


OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

O. OLATAWURA JUSTICE, SUPREME COURT

A.I. IGUH


PARTIES


IYALABANI COMPANY LIMITED APPELLANTS


BANK OF BARODA RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondent, as plaintiff, brought an action in the High Court of Lagos State against the defendant/appellant in respect of a sum due and payable in U.S. Dollars on some bills of exchange. The appellant, on showing cause, was granted unconditional leave to defend the suit.


HELD


The respondent had satisfied the conditions precedent to the granting of its application and the court below was right in granting it.


ISSUES


whether there were good and substantial reasons for the failure to lodge an appeal within the period prescribed by law. whether there were grounds of appeal which, prima facie, showed good cause why the appeal should be heard.


RATIONES DECIDENDI


CASES CITED


Bowaje v. Adediwura (1976) 6 SC. 143.|General Oil Ltd. v. Oduntan (1990) 7 NWLR (Pt. 163 ) 423|Obikoya v. Wema Bank Ltd. (1989) 1 NWLR (Pt.96) 157


STATUTES REFERRED TO


NONE|


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