UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The Appellant herein has come before this Court to seek the setting aside of the Ruling of the High Court of Borno State sitting in its appellate jurisdiction in Maiduguri; which ruling was delivered on 2nd September, 2013 refusing the Appellant's application for extension of time within which to appeal against the ruling of the Upper Sharia Court No 11 Maiduguri.
The Upper Sharia Court No. 11 Maiduguri entered judgment against the Appellant on 23rd June, 2009. The Appellant who alleges he was unaware of the date the judgment was delivered appealed and applied for the record of proceedings on 28th May, 2009 and 27th May, 2009 respectively. The record of proceedings was not ready till March, 2011. Upon receipt of the record the Appellant approached the registry of the Court for date for hearing only to be told the appeal had been struck out since July, 2009. An application for re-listment brought by the Appellant before the…