CHIEF ONYEWUCHI IWUAGWU & ANOR v. JOHN AKUJOBI & ORS

CORAM

TUNDE OYEBANJI AWOTOYE

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

RAPHAEL CHIKWE AGBO

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

BOLOUKUROMO MOSES UGO

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

BOLOUKUROMO MOSES UGO

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

TUNDE OYEBANJI AWOTOYE

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

RAPHAEL CHIKWE AGBO

BOLOUKUROMO MOSES UGO

TUNDE OYEBANJI AWOTOYE

KUDIRAT MONTOMORI OLATUNKUNBO KEKERE-EKUN

BOLOUKUROMO MOSES UGO

TUNDE OYEBANJI AWOTOYE

BOLOUKUROMO MOSES UGO

RAPHAEL CHIKWE AGBO

TUNDE OYEBANJI AWOTOYE

BOLOUKUROMO MOSES UGO

PARTIES

CHIEF ONYEWUCHI IWUAGWU & ANR APPELLANTS

JOHN AKUJOBI & ORS RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Claimants/Applicants brought an application before the trial, which was struck out. The Applicants have now filed a motion before this court, praying the court as follows; an enlargement of time within which the Claimants/Applicants shall seek leave of the Court to appeal against the interlocutory decision of the Imo State High Court, holden at Owerri foreclosing striking out the claims of Claimants and as contained in the ruling of His Lordship Hon. Justice E. F. Njemanze, delivered on 23-11-16 in Suit No. HOW/436/11; Iwuagwu & Anor. Vs. Akujobi & 3 Ors; Leave of the Court to Appeal to appeal against the said interlocutory decision of the Imo State High Court; enlargement the time within which Claimants/ Applicants may file and serve their appeal against the said interlocutory decision.

HELD

Appeal Dismissed

ISSUES

Not Available

RATIONES DECIDENDI

APPEAL, PRACTICE AND PROCEDURE

APPLICATION FOR LEAVE TO APPEAL- DOCUMENTS THAT MUST ACCOMPANY AN APPLICATION FOR LEAVE TO APPEAL
“A certified true copy of the ruling delivered on 23-11-16 striking out the applicant’s suit was not exhibited. This was in clear breach of Order 6 Rule 7 of the Court of Appeal Rule 2016 which provides as follows:
Order 6 Rule 7
The application for leave to appeal from a decision of a lower Court shall contain copies of the following items namely
(a) Notice of motion for leave to appeal;
(b) A certified true copy of the decision of the Court below sought to be appealed against.
(c) A copy of the proposed grounds of appeal; and
(d) Where leave has been refused by the lower Court, a copy of the order refusing leave.”

APPEAL, PRACTICE AND PROCEDURE

EXTENSION OF TIME TO APPEAL – DUTY OF AN APPLICANT SEEKING AN EXTENSION OF TIME WITHIN WHICH TO APPEAL
“By Order 6 Rule 9 of the Court of Appeal Rules 2016, an applicant for extension of time within which to appeal shall by affidavit evidence set forth good and substantial reasons for failure to appeal within the prescribed period and grounds of appeal which prima facie show good cause why the appeal should be heard.”