(2004) JELR 45090 (CA)    

Court of Appeal  ·  CA/C/105M/2003 ·  6 Dec 2004 ·  Nigeria
Other Citations
Ubene v. C.O.P. (2005) 6 NWLR (Pt.921)360
CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria
Core Terms Beta
extension of time
grounds of appeal
prescribed period
substantial reasons
court of appeal rules
good cause
lower court
prima facie show
criminal appeals
civil cases
notice of appeal
trial court
appellate high court judge
months imprisonment
such leave
appellant leave
civil actions
members of my community
order of the lower court
akpabuyo chief magistrate court
arguable grounds of appeal
bout of time
chief orok oyo of counsel
circumstances of the case
criminal case
entire circumstances of this case
facts of the case
following factors
furtherance of the appeal
good grounds of appeal
good reasons
inadvertence of counsel
judgment of the trial magistrate
leading judgment
leave of the honourable court
lower courts
matters of exercise of discretion
relevant materials
respect of applications of this nature
rules of court
ruling of the akpabuyo high court of cross river state
said decision
said issue
sentence of the appellant
stigma of criminality
support of such application
way of conditions

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Akpabuyo High Court of Cross River State (Coram: Ikpeme, J.) which struck out the appellant's application for leave of the Honourable Court to appeal Bout of time against the appellant's conviction in the charge No. MCA/IC/78 at the Ikot Nakanda - Akpabuyo Chief Magistrate Court.

The facts of the case are not at all in controversy. In 1978, that is, nearly 26 years ago the appellant with another, was charged with the offence of assault under section 351 of the Criminal Code Law of Cross River State, 1978 leading to the conviction and sentence of the appellant with an option of fine in the sum of N80.00. The appellant paid the fine in lieu of 3 months imprisonment; and allowed the matter to rest there.

Apparently aggrieved by the said decision, the appellant has now filed a notice of appeal containing 2 (two) grounds of appeal and without their particulars. They are as follows:

"(i) The le…

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