ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State per OLATERU-OLAGBEGI, J. delivered on the 18th day of November, 2004 in favor of the Respondent.
The Appellant brought a Motion on Notice with an Affidavit of Urgency dated and filed the 12th of February, 2013 seeking the leave of Court to apply for extension of time to comply with the condition of appeal in Suit No: ID/647/2000. The Respondents were served both the Application and, Hearing notices and they neither failed to either file a Written Address or Counter Affidavit for extension of time nor showed up in Court, even after the ruling they did not file any processes in opposition of the Application. The Appellant however regularized their position by paying the necessary default fees. The Court in granting the prayers of the Appellant ruled on the 14th Day of March , 2013.The Appellant filed a Notice of Preliminary Objection challengin…