ALHAJI ISIYAKU YAKUBU ENTERPRISES LTD VS MR. AUGUSTINE TERU & ANOR
April 1, 2025MANAGING DIRECTOR, MOTHER COOL V E. D. TSOKWA & CO.
April 1, 2025Legalpedia Citation: (2020) Legalpedia (CA) 93211
In the Court of Appeal
HOLDEN AT YOLA
Sun Jun 7, 2020
Suit Number: CA/YL/160M/2018
CORAM
PARTIES
ECO BANK PLC
PAUL AKPA
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
By a motion on Notice filed on 27/11/2018, the applicant prays this Court for the following reliefs; an order for leave to Appeal against the final Judgment of the High Court Jalingo, in Suit No. TRSJ/71/2017 delivered on 25/01/2018, as an interested party; an Order directing a stay of execution of the Judgment of the High Court, Jalingo, delivered in Suit No. TRSJ/71/2017, delivered on the 25/01/2018, pending the determination of the Appeal to the Court of Appeal. The grounds upon which the application is brought are that the Applicant herein was not a party in Suit TRSJ/71/2017, that the said house described and attached to the schedule to the deed of legal mortgage annexed to the originating process in Suit No. TRSJ/71/17, as exhibit C is the applicant’s property, that the applicant herein is now desirous of appealing against the decision of the trial court as an interested party. The application is supported by an Eight paragraph affidavit with three annexures A (copies of bank cheques) B (copy of the Notice of Appeal) and C (Certified copy of the judgment of the lower Court). The Judgment Creditor/Respondent filed a counter affidavit of three (3) paragraphs in opposition to the grant of the application.
HELD
Application Granted.
ISSUES
Nil
RATIONES DECIDENDI
EXTENTION OF TIME TO APPEAL – CONDITIONS PRECEDENT TO THE GRANT OF AN APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL
“In the case of E.F.P. Co. Ltd. v. N.D.I.C. (2007) 9 NWLR (Pt. 1039) 216 at 239, Paras. A-C. It was Held that :-
The grant or refusal of an application for extension of time within which to appeal involves the exercise of the discretion of the Court. The application must be supported by an affidavit which must state sufficient reasons to explain the delay and it must contain the Judgment or ruling of the Court against which the applicant is seeking to appeal and the proposed grounds of the appeal”
From the grounds of the Application and the Paragraphs of the supporting affidavit, the Applicant has shown good cause why he should be granted leave to Appeal against the final Judgment of the lower Court as an interested party.”
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available|
