Spring Bank PLC V. Nigeria Deposit Insurance Corporation (2018) LLJR-CA - LawGlobal Hub
Spring Bank PLC V. Nigeria Deposit Insurance Corporation (2018) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL YARGATA BYENCHIT NIMPAR, J. C. A. (Delivering the Lead Ruling) This ruling is predicated upon an application brought by the Applicant dated 12/9/2013 filed on the 13/9/2013 seeking the following orders: a. AN ORDER extending the time within which the […]
Spring Bank PLC V. Nigeria Deposit Insurance Corporation (2018)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALYARGATA BYENCHIT NIMPAR, J. C. A. (Delivering the Lead Ruling)This ruling is predicated upon an application brought by the Applicant dated 12/9/2013 filed on the 13/9/2013 seeking the following orders:a. AN ORDER extending the time within which the Applicant shall appeal against the Order dated 6th day of July 2012 made by Hon. Justice Charles Archibong of the Federal High Court winding up spring Bank Plc. b. AN ORDER deeming the Notice of Appeal already filed and served to have been properly filed and served. c. AN ORDER consolidating this appeal with Appeal No. CA/L/963/12 to be heard on the same records of appeal as have been filed in the said appeal. AND for such order or further orders as this Honourable Court may deem fit to make in the circumstance. ”The grounds upon which the application is founded are as follows:i. There are cogent reasons in bringing the appeal which are deposed to in the affidavit and the grounds of appeal raise strong and substantial grounds of appealii. The same questions of law arise to be determined by the Honourable Court in Appeal No. CA/L/963/2012, Boniface Ebere Okezie v Nigerian Deposit Insurance Corporation & Spring Bank Plc and the present appeal filed by the Applicant. The application is supported by an affidavit of 13 paragraphs sworn to by Charles Nzegbuna, legal practitioner with Indemnity Partners, the law firm representing the Applicant. Annexed to the affidavit is Exhibit A, a copy of the Notice of Appeal dated 12th September, 2013. The Applicant filed its written address in support on 4/2/2015. The affidavit was relied upon and the written address adopted at the hearing of the application. The Respondent on its part filed a counter affidavit of 11 paragraphs on the 28th of January, 2013 sworn to by Chukwuemeka Osuji, a Legal practitioner in the law firm of Olaniwun Ajayi, counsel to the Respondent. Its written address in support was filed on the 1st of June, 2017. The Applicant formulated a sole issue for determination thus:“Whether the Court should grant the relief as prayed. ?The Respondent on its part did not formulate any issue for determination. The Court shall therefore adopt the issue put forward by the Applicant for determination in this application.