Court reserves judgment in case between BoI and Kumbo furniture

The Court of Appeal Makurdi Judicial Division has reserved judgment in a 27-year old case between Kumbo Furniture Co. Nig. Ltd and Bank of Industry (BoI) over loan dispute.

Kumbo Furniture Co. Nig. Ltd. initiated the appeal following failure of the bank to release its factory premises and items of properties thereof, after payment of N388, 487. 86 awarded by the lower court.
At the resumed hearing of the appeal Thursday, counsel to the appellee, Mr. Ofodili Okafor (SAN), argued that the appeal was statute bar.

Okafor, who came by way of preliminary objection, submitted that the appeal was abandoned and therefore, urged the Appellate Court to dismiss same.

Oche Daniel Obande, who held the briefs for Ocha Ulegede, appearing for the appellant in a counter affidavit urged the court to discountenance the argument of the appellee’s counsel and hear the appeal on its merit.

He prayed the court to allow the appeal and set aside the decision of the trial court.

He also prayed the court to abide by Section 15 of the Court of Appeal Act, assume jurisdiction and grant reliefs the appellant sought at the lower court.

Appellant counsel stated that the appeal is predicated on the ground that the trial judge erred by not allowing amendment of his briefs and that the lower court erred when it held that representative of the appellant is not entitled to Illiterate Protection Act.

Presiding Judge of the court, His Lordship, Justice Jumai Sanke ordered that the appeal be reserved for judgment. “Date of judgment will be communicated to parties,” said.