STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Akwa Ibom State High Court delivered on 22nd day of February, 2013.
The facts of this case will reveal the nature of the claim before the Lower Court. On the 3rd day of August, 2012, the Lower Court delivered judgment in suit No, HU/398/2012. Then on 7th September, 2012 the Appellant/Applicant filed two motions on notice. In one of the applications, the Applicant sought the Lower Court's discretion for an extension of time within which to apply for an order setting aside the judgment of the Lower Court delivered on 3rd August, 2012. In the second motion the prayer of the Applicant was for an order of Court setting aside the judgment of the Court delivered on the 3rd day of August, 2012 on the ground that the Lower Court lacked jurisdiction to entertain the suit.
The Lower Court heard the application for extension of time and refused it but curiously the Court entertained the appli…