(1997) JELR 45504 (CA)    

Court of Appeal  ·  CA/E/105M1/96 ·  10 Dec 1997 ·  Nigeria
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
further affidavit
grounds of appeal
1st defendant
extension of time
notice of appeal
special circumstances
suit no. e
23-paragraph further affidavit
chief a.o. mogboh
first instance
good cause
learned trial judge
senior counsel
16-paragraph affidavit
above rule
behalf of the defendants
chief a. o. mogboh
copy of the proposed notice of appeal
court of appeal rules
following orders of this court
high court
inherent jurisdiction of this court
instant application
interim orders
junior counsel
later further affidavit
legal arguments
legal practitioner
legal representation
local government
maxim interest rei publicae
order of the trial court
paragraph affidavit
paragraph counter-affidavit
prima facie show
public policy
purported installation of 1st defendant
ruling of hon. justice c. onyia
said application
senior advocate
series of interlocutory orders
series of other orders
similar application
special invitation
substantial reasons
sum total

JUSTIN THOMPSON AKPABIA, J.C.A. (Delivering the Leading Judgment): This was an application brought pursuant to Order 3 Rule 3 of the Court of Appeal Rules, 1981, as amended and under the inherent jurisdiction of this Court on behalf of the Defendants/Appellants/Applicants for the following orders of this Court:-

"(a) For extension of time within which to apply for leave to appeal against the Ruling of Hon. Justice C. Onyia dated 19th November, 1992.

(b) For leave to appeal against the said ruling.

(c) For extension of time to file the notice and grounds of appeal."

The said application was supported in the first instance by a 13- paragraph affidavit sworn to by Harold Eya, a Legal Practitioner in the Law Firm of Mogbo and Co, as well as a copy of the proposed Notice of Appeal.

However, about five weeks after that, a 23-paragraph Further Affidavit sworn to by Chief A.O. Mogboh, SAN, himself was filed. To this later Further Affidavit were exhibited the following documents:-

(a) A recor…

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