CHUKWUMA-ENEH JSC (Delivering the Lead Ruling): The applicants in this matter by two applications, both filed on 21 June 2011 have prayed for: extension of time to apply for leave etc to appeal to the Supreme Court against the judgment of the Court of Appeal in appeal No. CA/L/310/97 delivered on 3 June 2004, and seeking stay of execution of the judgment of the Court of Appeal in appeal No.CA/L/310/97 delivered on 3 June 2004 pending the determination of the appeal against the said judgment.
Among the grounds for the application include as follows:
The decision of the Court of Appeal against which the applicant is appealing is based on mixed law and facts. By virtue of section 233(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999, leave of court is required where an appeal lies from the Court of Appeal to the Supreme Court based on grounds of mixed law and fact.
Some of the propsosed grounds of appeal allege grave errors in concurrent findings of the fact of the H…