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UNIVERSITY OF ILORIN
V.
FAGBEMI

(2004) JELR 51507 (CA)

Court of Appeal 21 Jun 2004 Nigeria
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Case Details

Suit Number:CA/IL/M.46/03
Judges:ABOYI J. IKONGBEH JCA (Presided and Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN JCA JA’AFARU MIKA’ILU JCA
Counsel:O. D. Kuranga, Esq. - for the Applicants . -*- J. O. Baiyeshea, Esq. - for the Respondent .

IKONGBEH JCA (Delivering the Lead Ruling): The applicants herein seek extension of time within which to appeal against the judgment of P. F. Olayiwola J., of the Federal High Court, sitting at Ilorin. The judgment sought to be appealed against was delivered on 25/07/03. This application was filed in the registry of this court on 26/02/04, seven months, one day, after the judgment. The reasons given for failing to appeal within the three-month period prescribed by the 1999 Constitution and delaying for another four months before bringing the application are contained in paragraphs 5-10 of the affidavit in support, which read: “5. That all efforts to obtain the copy of the judgment before July (2003) ending was not successful because the judgment was not typed for his Lordship’s signature before July ending.

That the trial court proceeded on vacation in August and did not resume until the middle of September 2003.

That the typed copy of the judgment duly signed by the trial Judge was fi…

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