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AKANKE & ANOR
V.
ALAO

(2005) JELR 45154 (CA)

Court of Appeal 3 Mar 2005 Nigeria
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- The appellants/applicants are seeking leave of the court for an extension of time to apply for leave to appeal out of time. - The appellants/applicants have only 3 months to appeal from the date of the judgment, which has since expired. -

Case Details

Suit Number:CA/IL/SH/1/2004
Judges:MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:Y.O. Abdulhamid, Esq. For Appellant A.H. Folorunsho, Esq. For Respondent
Other Citations:(2005) 11 NWLR (Pt. 937) 620, Akanke v. Alao (2005) 11 NWLR (Pt.937)620

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Lead Ruling): This is an application by the appellants/applicants herein for leave of this court for an extension of time to apply for leave to appeal out of time. And for leave for an extension of time within which to file the notice and grounds of appeal and to appeal and the deeming Order. Lastly, the applicants sought leave to raise the following issue for the 1st time on appeal, namely:

"that the learned trial court Judge erred in law when he ordered the 1st appellant to make the child available for naming her immediately by the respondent (within 3 days)".

Grounds for the Application

1. The judgment in respect of which the appellant/applicants seek to appeal against was delivered on 2/10/2002.

2. The appellants/applicants have only 3 months to appeal from the date of the judgment.

3. The 3 months have since expired.

4. The appellants/applicants have not been financially buoyant to pursue this appeal.

5. The appellants/applicants are des…

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