ADEGBUYI
V.
MUSTAPHA

ALAGOA JCA (Delivering the Lead Ruling): This is a motion on notice dated the 29 January 2010, and filed on 1 February 2010. Arguing the motion,

counsel for the applicants, Otunba Kalejaiye, SAN said it is brought under A paragraph 1 of the Practice Directions, No. 2 of 2007, Order 6, rule 6 of the Court of Appeal Rules, 2007 and under the inherent powers of this court. The application prays for an order striking out the notice of appeal in the main matter dated 7 May 2008 and filed on 8 May 2008, and any appeal based on it. The grounds for the application are that the notice of appeal was filed out of time, i.e. outside the 21 (twenty one) days allowed by law under paragraph 1 of the Practice Directions, No. 2, 2007, and further that this court lacks jurisdiction to entertain any appeal based on the incompetent notice of appeal. The application is supported by a 6 paragraphed affidavit.

Attached are two exhibits, “AA” and “BB”. Exhibit “BB” is the registrar’s statement while exhibit…