CORAM

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HON. JUSTICE O. F. OMOLEYE (PJ) JUSTICE, COURT OF APPEAL

HON. JUSTICE H. A. O. ABIRU JUSTICE, COURT OF APPEAL

HON. JUSTICE A. M. LAMIDO JUSTICE, COURT OF APPEAL

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PARTIES

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DR. ABDULLAHI ILIYASU

APPELLANTS 

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RAMAT POLYTECHNIC, MAIDUGURI

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, COURT, LABOUR LAW, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The Applicant was employed as a Lecturer III by the Respondent in its Department of Agricultural Sciences in 2006, which appointment was duly confirmed. He was later granted study leave with pay for his doctoral degree in Usman Dan Fodio University, Sokoto (UDFUS) and he entered into a bond to serve the Respondent for three years on the completion of his studies. Additionally, the Applicant also received a scholarship award from the Tertiary Education Trust Fund (TETFUND) at the behest of the Respondent. After the Applicant had commenced his course of studies at the UDFUS, he secured a new admission in Malaysia and he communicated this to the Respondent in a letter in October, 2010. Although the Respondent did not respond to the Applicant’s letter, the Applicant truncated his then ongoing studies at the UDFUS and he proceeded to Malaysia. However, in July, 2016, the Respondent stopped paying the Applicant’s salaries and in March, 2017, the Applicant formally handed in his letter of resignation but the Respondent refused to accept same. The Applicant therefore commenced an action against the Respondent at the trial Court on the 4th of August, 2017 in Suit No. NICN/MAID/04/2017. The Applicant duly filed his Writ of Summons and Further Amended Statement of Claim to which Respondent filed a further counter-claimed. At the end of the trial, the Court in its judgment, dismissed part of the Applicant’s claim and granted the Respondent’s counter claim. The Applicant, dissatisfied with the trial Court’s decision, is therefore seeking to appeal to this Court against the decision of the trial Court, which dismissed part of his claims. The Applicant by a Motion on Notice brought under Order 6 Rules 1 and 9(1) of the old Court of Appeal Rules, 2016 and under the inherent jurisdiction of the Court of Appeal, sought for extension of time and Leave to appeal against the decision of the National Industrial Court, Kano Judicial Division in Suit No. NICN/MAID/04/2017. Opposing the application, the Respondent filed a Counter Affidavit.

 

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HELD

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Application Dismissed

 

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ISSUES

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Whether the Applicant has provided enough reasons for this Honourable Court to grant this application?

 

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RATIONES DECIDENDI

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EXTENSION OF TIME TO APPEAL – DUTY OF THE COURT IN EXERCISING ITS DISCRETION IN THE GRANT OF AN APPLICATION FOR EXTENSION OF TIME

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“The grant of an extension of time within which to appeal or apply for leave to appeal is an exercise of judicial discretion which must be based on laid down legal principles. The Court in exercising its discretion must act judicially and judiciously taking into consideration all the circumstances of the case before it and in accordance with the applicable rules of law. –PER O. F. OMOLEYE, J.C.A

 

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LEAVE TO APPEAL – DUTY OF A PARTY TO SEEK AND OBTAIN LEAVE TO APPEAL WITHIN THE PRESCRIBED PERIOD

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“The law is trite that where leave to appeal is required, the leave must be sought and obtained within the time prescribe by an Act of the National Assembly, in this case, the Court of Appeal Act, 2004, and or by the Rules of court for the time being, governing the practice and procedure of  the court, in this case, the Court of Appeal Rules, 2021 – See the community reading of Section 243(1) (b) and (3) as well as the provision to Section 243(3) of the 1999 Constitution, as amended. PER O. F. OMOLEYE, J.C.A

 

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CASES CITED

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None

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999, as amended

Court of Appeal Act, 2004

Court of Appeal Rules, 2016

Court of Appeal Rules, 2021

Evidence Act, 2011, as amended

 

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