CHIEF AQUA EDEM ARCHIBONG & ORS V CHIEF ASUQUO ITONG ITA
June 12, 2025FEDERAL MORTGAGE BANK OF NIGERIA LIMITED V DESIRE GALLERY LIMITED & ANOR
June 13, 2025Legalpedia Citation: (2004) Legalpedia (SC) 64131
In the Supreme Court of Nigeria
Fri Jan 16, 2004
Suit Number: SC. 161/1998
CORAM
OBASEKI A.O., JUSTICE, SUPREME COURT
PARTIES
1. PATRICK IZUAGBE OKOLO2. PACE INDUSTRIES NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant filed a notice of appeal without paying filing fees and the conditions of appeal were extended by the registrar. The respondent cross appealed on the award of damages and refund of £5,155.35 or its Naira equivalent.
HELD
The court held that the appellant’s appeal was incompetent and the award of damages and refund of £5,155.35 or its Naira equivalent were set aside.
ISSUES
Whether appellant’s appeal before the court of appeal was competent
RATIONES DECIDENDI
CASES CITED
1. Solomon V. Solomon and Co. (1887) AC 222. Chief Yesufu V. Kupper International N.V (1996) 5 NWLR (Pt. 446) 173. Dim V. Attorney-General of the Federation [1986] 1 NWLR (Pt. 17) 471;4. Akinbola V. Plisson Fisko Nig, Ltd. (1988) 4 NWLR (Pt. 88) 335; C5. Okafor V. Alhaji Hashim (2001) 1 NWLR (Pt. 711) 88;6. Alhaji Baba V. Habib Nigeria Bank Ltd. (2001) 7 NWLR (Pt. 712) 496
STATUTES REFERRED TO
None
