Legalpedia Citation: (2022-06) Legalpedia 63890 (CA)

In the Court of Appeal

HOLDEN AT YOLA

Wed Jun 8, 2022

Suit Number: CA/YL/154/2021

CORAM

FATIMAT.O. AKINBAMI

JAMILU YAMMAMA TUKUR

MOHAMMED LAWAL ABUBAKAR

PARTIES

ANU MUSA ATOSHI

APPELLANTS

THE ESTATE OF LATE SIMAN DANLADI

RESPONDENTS

AREA(S) OF LAW

APPEAL, COURT, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The Appellants/Applicants filed before this Court an application seeking for extension of time to compile and transmit the record of proceedings in Appeal No. CA/YL/154/2021 between Anu Musa Atoshi & 10 Ors vs. The Estate of Late Siman Danla & 6 Ors out of time, and deeming it properly complied and transmitted from the date of grant of this application. The grounds upon which this application is predicated was that the failure to compile and transmit the record of proceedings within the stipulate period was due to the Counsel’s serious ill health. The Respondent contended that the Appellants/Applicants are contemnors of the judgment of the trial court, hemnce a party who is in flagrant disobedience to a court order should not be accommodated by the court.

HELD

Application Granted

ISSUES

Whether the applicants’ application is meritorious in law.

RATIONES DECIDENDI

RECORD OF APPEAL – TIMEFRAME AND MODE OF COMPILATION AND TRANSMISSION OF RECORD OF APPEAL

“By Order 8 Rule 1 of the Rules of this Court 2021, the Registrar of the lower court had 60 days from the filing of the Notice of appeal by the Appellants to compile and transmit the record of appeal failing which becomes mandatory for the Appellant to compile and transmit the record of appeal within 30 days after the failure of the Registrar to so transmit. PER J.Y. TUKUR, J.C.

RECORD OF APPEAL – EXERCISE OF THE COURT’S DISCRETION IN GRANTING AN APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO COMPILE AND TRANSMIT THE RECORD OF APPEAL.

“As rightly pointed out by learned counsel for the Appellants/Applicants this court has the discretion to grant the application where we are satisfied of the reasons given for the delay in the failure to compile and transmit the record within the time allowed by the Rules of this court 2021. See Order 6 Rule 9 of the Rules of this court 2021. PER J.Y. TUKUR, J.C.A

CASES CITED

STATUTES REFERRED TO

Court of Appeal Rules 2021

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