REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Ruling): The Respondent/Applicant by Motion on Notice dated and filed 23/10/09 prays for the following reliefs:
"1. An order of enlargement of time within which the Respondent/Applicant shall file his Notice of Cross-Appeal.
2. An order of enlargement of time within which the Respondent/Applicant shall file the Respondent/Cross-Appellant's Brief and for such further or other orders as this Honourable Court may deem fit to make in the circumstance".
In support of the application is a 5 paragraph affidavit deposed to by Eta Olaremu exhibiting exhibits 'E01' to 'E03'.
The Appellant/Respondent in response filed first a 16 paragraph Affidavit deposed to by Omikunle Hussein and on 17/11/09 filed 9 paragraphs further and better Counter-Affidavit and on 22/01/10 another Counter-Affidavit of 11 paragraphs.
Learned counsel to the Respondent/Applicant arguing the Motion on Notice on the 9/2/10 submitted that the applicant seeks an order of e…