RAPHAEL CHIKWE AGBO, J.C.A.: (Delivering the Leading Judgment): In this motion filed on 27/10/09 the applicants are seeking an extension of time within which they may file the appellants' brief of argument and a deeming order. The application is supported by an 11 paragraph affidavit. Annexed as exhibit LASG 1 is a copy of the brief of argument filed out of time. The basic reason proffered for the late filing was that counsel at the material time took ill. The respondent filed an eight paragraph counter affidavit challenging the application on the grounds that (a) the notice of appeal is incompetent and (b) that the applicants counsel was in the habit of filing processes out of time and (c) that at the material time he was always seeing the applicants' counsel going in and out of court.
In arguing the application, applicants'counsel relied on the affidavit in support and asked for the prayer sought. The respondent on the other hand argued that the notice of appeal is the foundation of…