MRS. DOROTHY SHIMINENGE IGBUDU V. IORCHIR MATHAIS
March 26, 2025BELLO YELLI V. THE STATE
March 26, 2025Legalpedia Citation: (2022- 05) Legalpedia 16998 (CA)
In the Court of Appeal
Holden at Yola
Fri May 20, 2022
Suit Number: CA/YL/33M/2020
CORAM
FATIMA OROMO AKINBAMI
JAMILU YAMMAMA TUKUR
MOHAMMED LAWAL ABUBAKAR
PARTIES
BABA GASHEMURU G. AMALAI
APPELLANTS
THE GOVERNMENT OF ADAMAWA STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, CONSTITUTIONAL LAW, COURT, PRACTICE AND PROCEDURE, WORDS AND PHRASES
SUMMARY OF FACTS
The Applicants/Appellants via a Motion on Notice brought pursuant to Section 242(1) of the 1999 Constitution (as amended), and Order 6 Rules 1 (A), 2 and 9 of the Rules of this Court 2021, sought for an order of the Court extending time within which the Applicants shall seek leave to appeal against the ruling of the trial Court, an Order of Court granting the Applicants leave to Appeal against the interlocutory decision of the High Court of Justice; an Order of Court granting the Applicants leave to Appeal on grounds other than grounds of law against the interlocutory decision of the trial Court.
The grounds upon which the application was predicated was that the time allowed by law for the Applicants to appeal against the trial Court’s Ruling has since elapsed hence this application. The 3rd, 4th, 5th, and 6th Respondents opposed the application. The 7th Respondent also opposed the application and urged the Court to dismiss same as the amendments sought to the statement of claim constituted a departure from the original statement of claim by setting up an entirely new cause of action and as such, an abuse of Court process.
HELD
Application Dismissed
ISSUES
Whether the instant application has merit or not.
RATIONES DECIDENDI
RIGHT OF APPEAL – NATURE OF THE RIGHT OF APPEAL
“It is beyond argument that the Right of appeal is a Constitutional issue available to the party aggrieved by the judgment or other decision of the lower Court. See Section 242(1) of the Constitution as amended which stipulates that:
Section 242(1):- “Subject to the provision of Section 241 of the Constitution, an appeal shall lie from the decisions of the Federal High Court or High Court to the Court of Appeal with leave of the Federal High Court or the High Court or the Court of Appeal”.
-PER M.L. ABUBAKAR, J.C.A
EXTENSION OF TIME TO APPEAL- REQUIREMENT FOR THE SUCCESS OF AN APPLICATION FOR EXTENSION OF TIME TO APPEAL.
“It is trite law that for application for extension of time within which to appeal to succeed the following conditions must co-exist: –
(a)Good and substantial reasons for failure to appeal within the prescribed period by the appropriate Rule of Court and
(b)Grounds of appeal which prima facie show good cause why the appeal must be heard.
See Gani Tarzan Ltd Vs. V.C.R & Investment (2012) All FWLR 399, Ukwu Vs. Bunge (1991) (Pt. 82) 3 NWLR 646 – 772, Mobil Oil (Nig) Ltd Vs. Agadaigho (1983) 2 NWLR (Pt. 79) 303, University Of Lagos Vs. Olaniyan (1985) 1 NWLR (Pt. 1) 156, I.B.N. Ltd. Vs. A. G. Rivers State (2008) All FWLR.” PER M.L ABUBAKAR, J.C.A
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria1999 (as amended)
Court of Appeal Rules 2021
