The High Court gave judgment for the respondent against the applicant in the sum of N1, 298,700.00. The respondent commenced execution of the judgment sum and the applicant appealed to the Court of Appeal.

Applicant filed an application praying for an order permitting the appeal to be heard on the record compiled by it. It also requested the court for accelerated hearing and to waive compliance with provisions of the rules of court regarding the filing of briefs.

Respondent who opposed the application also filed a counter-affidavit. He stated that the record compiled by the applicant did not contain all the relevant materials needed for the appeal.