n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

UBA. Plc V. Ajileye (1999) CLR 12(b) (CA)

Brief

  • Appellate Jurisdiction
  • Failure to file brief of argument
  • Setting aside judgment of court of concurrent jurisdiction
  • Service of process

Facts

Respondent obtained judgment against the applicant in an action filed under the undefended list.

On 16/12/97, judgement was delivered and the applicant immediately lodged an appeal against it also filing for a stay. The application for stay was dismissed. But the appeal had been lodged yet applicant did nothing else for close to 2 years thus respondent applied for the dismissal of the appeal for want of prosecution. The application was granted under order 6 rule 10 the Court of Appeal Rules.

Applicant now applied for the setting aside of the dismissal order and restoration of the appeal. A preliminary objection opposing the application was filed.

Issues

Whether the Court of Appeal can set aside its previous order dismissing an...

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