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Ravih Abdul v. Union Bank of (Nig.) Plc

RAVIH ABDUL & CO. LTD

V

UNION BANK OF NIG PLC

COURT OF APPEAL

(LAGOS DIVISION)

M.B.DONGBAN-MENSEM JCA (Presided)


BODE RHODES-VIVOUR JCA


PAUL ADAMU GALINJE JCA (Read the Lead Ruling)

CA/L/733/2007

TUESDAY, 2 JUNE 2009

APPEAL - Grounds of appeal - Amendment of - Whether appellant can apply to amend all his grounds of appeal

APPEAL - Issues in substantive appeal - Duty on court not to determine at interlocutory stage

APPEAL - Notice of appeal - Amendment of - Whether could be done at any stage of the appeal

APPEAL - Notice of appeal - Amendment of - Whether applicant for can incorporate argument in respect of same in his main brief of argument

APPEAL - Notice of appeal - Amendment of existing notice of appeal Effect of

APPEAL - Notice of appeal - Application for amendment of - Court’s discretion to grant or refuse - How exercised

APPEAL - Preliminary objection - Filing separate brief of argument in respect of - Reason why same should be discouraged

APPEAL - Preliminary objection - Notice of - How could be argued.

APPEAL - Preliminary objection - Party objecting to any of the grounds of appeal - Duty on

APPEAL - Preliminary objection to competence of appeal - Where filed - Proper step appellate court should take

Issues:


1.              Whether there is a valid appeal before this honourable court

2.              Whether the appellant/applicant has placed sufficient facts and materials before the court to warrant being granted all the prayers sought.

Facts:


By a motion dated 9 June 2008 and filed on 11 June 2008, the appellant/applicant herein prayed for an order granting leave to file its brief of argument attached to the motion, an order deeming the appellant’s brief of argument filed and served in this appeal as having been duly filed and served. Also, an order granting leave to amend the notice of appeal and leave to argue additional grounds of appeal as set in the proposed amended notice of appeal.

The respondent opposed the application by filing a counter-affidavit dated and filed on 2 July 2009. In addition, the respondent filed a notice of preliminary objection brought under Order 10, rule 1 of the Court of Appeal Rules, 2007. In compliance with the order of the Court of Appeal, parties filed and exchanged written addresses.

When the application came up for hearing on 27 April 2009, the appellant/applicant’s counsel adopted the appellant’s written address and the applicant’s reply brief of argument, the learned counsel withdrew prayer B in his application and urged the court to grant the remaining prayers. Finally, it was submitted by the learned counsel that the argument in respect of the proposed amended notice of appeal has been incorporated in the brief of argument on the main appeal. The learned counsel for the respondent equally adopted and relied on his briefs of argument and urged the court to dismiss the application.