(2005) JELR 45126 (CA)    

Court of Appeal  ·  CA/PH/27M/2005 ·  1 Dec 2005 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DOGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
leave of court
proposed grounds of appeal
notice of appeal
question of law
grounds of law
learned trial judge
limitation law
particulars of error
proposed notice of appeal
provisions of section
trial court
good cause
grant of the application
high court
questions of law
said application
suit no. hu
constitution of the federal republic of nigeria
following terms
13-paragraph affidavit
abia state high court
above view of the trial judge
argument of the said application
careful examination of the issues
constitution leave of the court
copy of the notice of appeal
deposed facts
final decisions
following cases
judicial decisions
leading ruling
number of judicial decisions
open court
oral argument of counsel
paragraph counter-affidavit
ruling of the abia state high court
see onwadike v ibekwe
substantive appeals
support of his argument
true copy of the ruling of the court
v. rev. chun
written submission of the applicant

PIUS OLAYIWOLA ADEREMI, J.C.A (Delivering the Leading Ruling): By the application filed on the 26th of January, 2005, the defendant/applicant is praying this Court for an order:

"Extending the time within which to appeal against the ruling of the Abia State High Court, sitting in Umuahia, in Suit No. HU/78/2004, dismissing his motion, praying for an order striking out the plaintiff/respondent's suit for incompetence by reason of being statute barred."

The said application was supported by a 13-paragraph affidavit, to which were attached two exhibits viz: (a) copy of the Notice of Appeal and (b) a certified true copy of the ruling of the Court below - marked Exhibits A and B respectively. In opposition to the said application is a 14- paragraph counter-affidavit. When this application came before us on the 6th of June, 2005 for argument, for the reason that many matters among which were substantive appeals, were calling for attention in the Court and with the time available, we could n…

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