FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): On 16th January, 1975, Odumosu, J., (as he then was), in the High Court of the former Western State of Nigeria granted an application filed by the 3rd defendant (the Western Nigeria Development Corporation) in Suit No. HOS/106/64 on 20th May, 1974. The application was for an order to set aside the ruling and consequential order which had been made earlier by the High Court in the said suit.
On 14th March, 1975, the plaintiff, being dissatisfied with the order granting the application, and the statutory time within which to apply for leave to appeal having expired, applied to the Western State Court of Appeal for extension of time within which to apply for leave to appeal against the said order. He also asked for leave to appeal against the order in the same application. Paragraphs 8 to 12 of the affidavit filed in support of the application by one Owoade, the law clerk of the Solicitor to the plaintiff, reads:-
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That our Ch…