CaseLaw
Onwuchekwa V. C.C.B. (Nig) (1999) CLR 5(I) (CA)
Brief
Facts
Action was commenced against the defendant/appellant in 1990 and judgment was obtained in the High Court of Enugu State on or about 19/9/95. The defendant/appellant appealed against the said judgment on or about 7/3/96 and secured an order of stay of execution pending the hearing and determination or the appeal. On 13/1/98, the appeal was in the open court set down for hearing on 25/3/98 when the appeal was argued. On 15/6/98, this court handed out its judgment in Exhibit A01.
From the counter-affidavit, the facts that can be garnered are that this court gave its final judgment on 15/6/98. The Provisional Liquidator of Co-operative and Commerce Bank Nigeria Plc. is not competent to proceed with the appeal. There is no appeal from the judgment of this court pending in any court even now. The judgment of this court is a final one and this court is Functus officio. Neither the Nigeria Deposit Insurance Cooperation nor the Provisional Liquidator of Co-operative and Commerce Bank (Nig.) Plc wants to be substituted for the defendant/appellant.
Issues
Whether the applicant's motion on notice which sought to substitute the...