AKANBI, J.C.A. (Delivering the Lead Ruling): This application is brought under Order 3 Rule 4(1) and (2) of the Court of Appeal Rules, 1981 as amended and the inherent jurisdiction of the Court. The applicant's prayer is for an order extending the time within which to file a notice of appeal against the ruling of the High Court of Ijebu-Ode delivered on the 12th April, 1990 and to deem as properly filed and served the notice of appeal already filed and served by the 3rd defendant/applicant, Dr. Olushoga Onagoruwa, on the respondents to the application.
The affidavit in support of this application was deposed to by one Lekan Awogbemila, a Legal Practitioner in the Chambers of Chief G.A. Onagoruwa and Company, Solicitors to the 3rd defendant/applicant. Paragraphs 2 to 15 of the said affidavit read as follows:-
"2. That I have the authority of the 3rd Defendant/Applicant to deposeto this affidavit.
3.That on the 19th of February, 1990 the 3rd Defendant/Applicant filed a motion praying the …