TABAI JCA (Delivering the Lead Ruling): In this motion filed on the A 24/9/03, the defendant/applicant prays for the following reliefs: “(i) An order enlarging the time within which to file a notice of appeal from the decision of the Federal High Court holden at Abeokuta [as per the ruling of Hon. Justice (Mrs.) R. O. Olomojobi] given on the 25th of March, 2003. (ii) An order stayingfurther proceedings in this suit in the Federal High Court pending the determination of this motion and the appeal to this appellate court from the said decision of Hon. Justice (Mrs.) R. O . Olomojobi and for such further or other orders as the court may deem fit to make in the circumstances in the interest of justice.” The application is supported by a 29 paragraphed affidavit to which were attached six exhibits including exhibit TOY3, the ruling of 25/3/03 and exhibit TOY4, the notice of appeal.
The single issue for determination is whether or not appeal against this decision of the 25/3/03 lies as of …