G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): When the applicant's motion was dismissed, I indicated that I would give my reasons. The applicant applied:
(1) for leave to substitute and argue the grounds of appeal contained in the briefs of arguments already filed, for the grounds of appeal appearing on pp. 208-209 of the Record of Appeal; and
(2) for an order amending the writ of summons at p. 1 of the Record of Appeal by adding after the word 'owner' the following words "subject to the equities, if any, of the respondent."
If the application is granted, it will amount to an extension of time for filing appeal from the Federal Court of Appeal. It has been held that when such an application is made special circumstances should be shown why it should be granted.
None of such special circumstances are shown in the affidavit sworn in support of the motion paper. As I earlier indicated, the application was refused. It logically follows that in view of the recent practice direc…