ANYA
V.
ANYA

(2018) JELR 38682 (CA)    

Court of Appeal  ·  CA/OW/299M/2016(R) ·  22 Jun 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicant
court
application
respondent
appeal
lower court
order
parties
motion
consent judgment
rules
court of appeal act
grounds of appeal
issue
issue of jurisdiction
matrimonial causes act
supporting affidavit
supreme court
dissolution of marriage
prescribed period
stance of the applicant
constitutional right
judiciary staff union of abia state
matrimonial cause
prima facie show
said motion
apparent contentious nature of the instant motion
better affidavit
counter affidavit of the respondent
court of appeal rules
custody of infant children
eventual appeal
exhibit b answer
exhibit d terms of settlement
exhibit e judgment order of the lower court
exhibit f motion
extention of time
grant applicants
jurisdiction of the lower court
leave of court
proper case grant leave
respect of the motion
rule of public service
said terms of settlement exhibit d
state of helplessness
various processes
want of jurisdiction
way of the instant application
whole exercise

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Lead Ruling): This is a ruling in the motion on notice dated 7/12/2016 and filed on the same date brought by the Appellant/Applicant (hereafter to be simply referred to as Applicant) pursuant to Section 242(1) of the Constitution of the Federal Republic of Nigeria 1999; Order 7 Rules 2 and 4 of the Court of Appeal Rules, 2011. Therein, the Applicant seeks for the following: -

(i) AN ORDER EXTENDING TIME for the Applicant to seek leave to appeal against the consent judgment decreed on the 14th July, 2016 in Suit No: HIK/8D/2015: Dr. Kalu Anya v. Mrs Dorothy Anya;

(ii) LEAVE to appeal against the consent judgment decreed on the 14th July, 2016 in Suit No: HIK/8D/2015: Dr. Kalu Anya v. Mrs. Dorothy Anya;

(iii) EXTENTION OF TIME within which to appeal against the consent judgment decreed on the 14th of July, 2016 in Suit No: HIK/8D/2015: Dr Kalu Anya v. Mrs Dorothy Anya.

The motion has a supporting affidavit of 13 paragraphs. Various proce…

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