OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Lagos State per Olateru-Olagbegi, J. delivered on 18 November 2004 in favor of the respondent.
The appellant brought a motion on notice with an affidavit of urgency dated and filed on 12 February 2013, seeking the leaveof 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 failed to either file a written address or counter-affidavit for an extension of time nor showed up in court. Even after the ruling, they did not file 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 14 March 2013. The appellant filed a notice ofpreliminary objection, challenging the jurisdiction of the court and the respondents did not file an…