EJIOGU & ANOR
V.
OGBONNA & ORS

(2018) JELR 39058 (CA)    

Court of Appeal  ·  CA/OW/120/2010 ·  20 Feb 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of appeal
court
j.c.a.
time
appeal
days
14th october
14th september
15th october
appellant leave
ayobode olujimi lokulo-sodipe
certified copy of the proceedings of the port-harcourt division
competence
leading judgment
massoud abdulrahman oredola
order of court
raphael chikwe agbo

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): This is a certified copy of the proceedings of the Port-Harcourt Division of this Court where the Court on 14th September, 2004 granted the appellant leave to file their Notice of Appeal within 30 days. The notice of appeal in this appeal was filed on 15th October, 2004 while the 30 days offered by the Court expired on 14th October, 2004. The notice of appeal was clearly filed out of time and we do not have the competence to extend the time allowed by order of Court retrospectively. The notice of appeal is incompetent having been filed out of time. The appeal is hereby struck out.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I agree.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.

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