NGWUTA JCA (Delivering the Lead Ruling): This is a motion on notice brought pursuant to Order 3, rule 4(1)& (2) of the Court of Appeal Rules. The applicant prays the court for the following reliefs: “1. An order extending the time within which the petitioner/ respondent can file a cross-appeal in this matter. 2. An order dispensing with the need to attach the judgment of the lower Tribunal to this application, record of appeal having been entered before this court.” In support of the application is a 12 paragraph affidavit deposed to by Adebowale I. Aderogba Esq., a counsel in the chambers of Messrs. Abdullahi Ibrahim and Co. the firm representing the applicant. Exhibited to the affidavit and referred to as exhibit A in paragraph 9 is a copy of the notice of cross-appeal which the applicant seeks to file out of time. Learned counsel for the 1st appellant/respondent filed a notice of preliminary objection, based on the grounds that:
“1. This Honourable Court lacks jurisdiction to exte…