MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the Cross River State High Court sitting at Calabar contained in a ruling delivered on the 9/10/2008 in motion No. HC/MISC/258/2005.
From the facts narrated in the briefs of argument filed by the learned counsel for the parties to the appeal, a judgment was entered by a Magistrate Court against the Appellant who later applied to that court to set aside it. When the Magistrate Court refused the application to set aside its Judgment, the Appellant appealed against the refusal in appeal No. HC/7A/2006 and while that appeal was pending, he filed the motion mentioned above for extension of time to appeal against the judgment of the Magistrate Court. The appeal No. HC/7A/2006 was dismissed and subsequently, the Appellant's motion No. HC/MISC/258/2005 was also dismissed.
The High Court in the ruling dismissing the Appellant's motion, after reviewing the submissions by the learned counsel for…