AFRIJET AIRLINES LIMITED .Vs. PROF.GBOLAHAN ELIAS, SAN & ANOR

CORAM

YARGATA BYENCHIT NIMPAR, JUSTICE, COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JUSTICE, COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JUSTICE, COURT OF APPEAL

PARTIES

AFRIJET AIRLINES LIMITED (In Receivership)

APPELLANTS

1. PROF.GBOLAHAN ELIAS, SAN (The Receiver/Manager of Afrijet Airlines Ltd appointed by Asset Management Corporation of Nigeria)

2. ASSET MANAGEMENT CORPORATION OF NIGERIA (The Corporation that appointed Prof. Gbolahan Elias, SAN as the Receiver/Manager of Afrijet Airlines Ltd)

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal arising from an application filed by the Applicant seeking an order granting the Applicant an extension of time within which to seek leave to appeal against the ruling of the Federal High Court, leave to appeal and an order extending the time within which the Applicant can file its notice and grounds of appeal. The Applicants reason for failure to appeal within time was due to an error of counsel in thinking that an appeal on jurisdiction is not a final decision which resulted to their applications in CA/L/244/2017 wherein grounds 1-15 was struck out by which time the time for leave had expired. It was the Applicant’s contention that he has 32 grounds out of which 15 were struck out and judgment was delivered on merits in grounds 16-32 and that he has appealed against the judgment on merit in grounds 16-32 to the Supreme Court. The Respondent in opposing the application argued that it was an abuse of court process and should be dismissed. He stated that after this court gave judgment on the appeal against the judgment of the Federal High Court the Applicant filed an appeal to the Supreme Court which is still pending and that should this motion be granted, the Applicant would have two appeals pending and this would amount to an abuse of court process.