RAPHAEL CHIKWE AGBO, J.C.A: (Delivering the leading Judgment) In this application filed on 22/5/09 the applicant is seeking an order enlarging the time within which the appellant may file an appeal against the judgment of the High Court of Lagos State delivered on 25th October, 2005 in Suit No. ID/2819/98. The application is supported by a nine paragraph affidavit and a five paragraph further affidavit deposed to on 4/2/10 to which is annexed two exhibits being the judgment of the High Court of Lagos State in Suit No. ID/2891/98 and a copy of a notice of appeal filed at the High Court of Lagos State registry on 22/5/09. The respondent on 30/10/09 filed a counter affidavit containing 20 paragraphs with 13 exhibits annexed.
In the contentious judgment the subject matter of this appeal the trial court had adjudged as follows:
"In conclusion this court makes the following orders:
(1) The 1st and the 3rd defendants are hereby struck out.
(2) All the claims of the claimant fail and hereby d…