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EJIOGU & ANOR
V.
OGBONNA & ORS

(2018) JELR 39058 (CA)

Court of Appeal 20 Feb 2018 Nigeria
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- The appellant was granted leave by the Court of Appeal, Port-Harcourt Division, on 14th September 2004 to file a Notice of Appeal within 30 days. - The appellant filed the Notice of Appeal on 15th October 2004, one day after the 30-day pe

Case Details

Suit Number:CA/OW/120/2010
Judges: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
Counsel:Anaga Kalu Anaga with him, Chinwe Ugoana For Appellant C. A. Obianwa For Respondent

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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