THOMAS, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Obi, J., of Akamkpa Judicial Division of the High Court of Cross River State in suit No. HK/MCS/13/98, delivered on 17th March, 1999, in which the appellants’ motion on notice was for: “(a) An order for extension of time within which applicants can file their notice and grounds of appeal in appeal No. MAK/34/86. (b) An order granting leave to the applicants to file and serve their notice and grounds of appeal No. MAK/3A/86 out of time.” This application was refused, hence this appeal. To understand the argument of both parties in this appeal, it is important to state albeit briefly, the charred history of the case that started at the Customary Court up to the Court of Appeal.
In the first place, it appears, both parties were before District Court of Umon, holden at Ikot Okpora three times in suits Nos. 5/86, 6/86, 7/86, in which it appears the plaintiffs’ suits were “dismissed”. See page 47 of the rec…