(1998) JELR 45681 (CA)    

Court of Appeal  ·  CA/A/48/M/97 ·  24 Feb 1998 ·  Nigeria
Other Citations
U.B.N. (Nig.) Plc v. Ndace (1998) 3 NWLR (Pt.541)
U.B.N. (Nig.) Plc v. Ndace (1998) 3 NWLR (Pt. 541) 331
MOHAMMED MUSTAPHA ADEBAYO AKANBI Justice of The Court of Appeal of Nigeria UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
court of appeal rules
learned counsel
extension of time
good cause
prima facie
further affidavit
main affidavit
substantial reasons
fresh action
full compliance
judgment of the trial court
learned trial judge
prima facie show
provision of order
suit no. kws
appropriate rule of court
arguable issue
beginning of his argument
cases of iroegbu v
copy of the proposed notice of appeal
copy of the said judgment
exhaustive list
following circumstances
fresh suit
good reason
high court
indolence of counsel
lack of means
lead ruling
length of delay
longstanding understanding of the accrued rights of respondents
mr. winn
paragraphs of the affidavits
proposed grounds of appeal
provisions of order
respondent jibo ibrahim
restraining order
support of the application
undesirable practice

KALGO, J.C.A. (Delivering the Lead Ruling): This is an application for extension of time within which to appeal against the judgment of Fabiyi J. of the Lokoja High Court delivered on the 11th of July, 1995. The application was supported by an affidavit of 14 paragraphs sworn to by Shittu Bello, a legal Practitioner. Attached to the affidavit were a copy of the said judgment as Exhibit 'A' and a copy of the proposed notice of appeal as Exhibit 'B'. A further affidavit of 17 paragraphs was also filed in support of the application.

The respondent filed a counter-affidavit of 19 paragraphs attached to which was a copy of the writ of summons in the case.

Originally the motion filed by the applicant contained six prayers. Prayers 1 and 3 related to leave to appeal. At the beginning of his argument on the application, the learned counsel for the applicant discovered that these two prayers were not relevant to his case since the judgment of the trial court was final and not interlocutory. He…

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