KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the High Court of Rivers State sitting at Nchia (hereinafter referred to as the court below), delivered on 1 December 2004 dismissing an application filed by the appellant herein for extension of time to apply for leave to apply for an order of certiorari to quash the judgment of the Gokana Customary Court, Kpor, Rivers State delivered on 16 March 1999 in suit No. CCK/22/98.
The 1st respondent herein had instituted an action against the appellant and his father before the Eleme Customary Court in respect of a parcel of land in suit No. ECC/27/95. The appellant and his father wrote to the Chief Registrar of the Rivers State Judiciary requesting that the suit be transferred to any other Customary Court in the State. The suit was accordingly transferred to the Gokana Customary Court, Kpor and re-registered as suit No. CCK/22/98. On 21 May 1998, the appellant herein applied to the court below for l…