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ANI
V.
EFFIOK

(2017) JELR 56770 (SC)

Supreme Court 24 Feb 2017 Nigeria
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- The applicants are seeking an extension of time to seek leave to appeal against a judgment delivered by the court below. - They also seek leave to appeal, extension of time to file their notice and grounds of appeal, and leave to appeal o

Case Details

Judges:OLABODE RHODES-VIVOUR JSC CLARA BATA OGUNBIYI JSC AMIRU SANUSI JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALINJE JSC
Counsel:O. F. Ekengba (with him, Olubola Olusegun Esq.,) for the Applicants; Nella Andem-Rabana (SAN) (with him, Peter O. Abang Esq.,) for the 1st set of Respondents; Chief Ladi Rotimi Williams (SAN) [with him, Daniella Ikeokwu (Miss.)] for the 2nd set of Respondents.

AUGIE JSC (Delivering the Lead Ruling): The applicants are praying this court for extension of time to seek leave to appeal against the judgment of the court below, delivered in Calabar on 4 July 2013 in appeal No. CA/C/97/2012.

They also prayed for leave to appeal; extension of time within which to file their notice and grounds of appeal; and leave to appeal on grounds of mixed laws and facts. Prayers 5-7 are for deeming orders. The grounds for the application are that:

i. They filed an application before the lower court on 11 September 2013 for leave to appeal on grounds of mixed law and fact timeously but unfortunately the lower court could not hear the application until the time allowed to appeal expired on 5 October 2013 and the motion was withdrawn and struck out.
ii. However, on sensing that time was running out, they filed a notice and grounds of appeal on 3 October 2013, believing that ground 1 in the said notice of appeal is ground of law not requiring leave of court so as to…

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