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MEGWALU
V.
MEGWALU

(1995) JELR 40972 (CA)

Court of Appeal 1 Aug 1995 Nigeria
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- The applicant is seeking an extension of time to supply the particulars of the natural father of the children of the marriage to the respondent. - The applicant's counsel argues that the application is entertainable under Order 1 Rule 20

Case Details

Suit Number:CA/E/81/93 (R)
Judges:OKAY ACHIKE JCA AKINTOLA OLUFEMI EJIWUNMI JCA NIKI TOBI JCA
Counsel:Mr. A.N. Anyamene SAN; L.O. Etoniru (Mrs); C.O. Okonkwo. (Mrs.); M. Agwamgbo (Mrs) For the Appellant; J.H.C. Okolo SAN, Dan Anazonwu and A.E. Ezeani For the Respondent.
Other Citations:Megwalu v. Megwalu (1996) 2 NWLR (Pt. 428), (1996) 2 NWLR (Pt. 428) 104

ACHIKE J.C.A. (Delivering the Lead Ruling): Ordinarily, the present application is similar to the inumerable applications that feature ever-so regularly for extension of time to do something which the statutory prescribed period for doing same had lapsed for one reason or the other. By and large, such applications are disposed of with despatch yet in a few cases they are resisted because the applicant has failed to explain away satisfactorily the reason for his delay. In the present case, the resistance to the application is for a different reason as we shall show presently. This application is stated to be brought pursuant to Order 1 Rule 20 of the rules of this court and the inherent jurisdiction of the court. Inter alia, the motion on notice reads as follows:

"for an order enlarging the time given to the applicant to supply the particulars of the natural father of the children of the marriage to the respondent up to and including the 14th day of December, 1994 when the respondent's…

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