NIKI TOBI, J.C.A.(Delivering the Leading Judgment): This matter started from the Customary Court, Nara.
The respondent as plaintiff filed an action against the appellants as defendants claiming for a customary right of occupancy in respect of a parcel of land called Ezemba Nnamani Compound, Nara. The respondent also prayed for the nullification of survey map of the land made in 1978.
The Court gave judgment against the respondent on 3/8/87. He gave oral Notice of Appeal. As a condition of appeal, respondent was ordered by the Court to deposit the sum of N100.00 with the Registry. The order was made on 3/8/87, the day of the judgment.
The respondent formally filed his Notice of Appeal on 20/6/88. He paid the deposit of N100.00 on 28/7/88. Although respondent was out of time, he did not ask for extension of time to file the Notice of Appeal or pay the deposit.
On 14/8/91, appellants by a motion prayed the lower court to strike out the appeal in view of the respondent's failure to pay …