GABRIEL OLATAYO ODUKOYA vs AUGUSTINE K. MARCUS

CORAM

PARTIES

GABRIEL OLATAYO ODUKOYA APPELLANTS

1. AUGUSTINE K. MARCUS2. GROUP CAPT. J. OBAKPOLOR RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant/Applicant filed a motion on notice wherein he prayed for an order of court granting an extension of time within which the Applicant may apply for Leave to Appeal, an order of court granting leave to the Appellant to Appeal, an order granting leave to the Applicant to file a notice of appeal against the ruling of the Lagos State High Court in suit No. ID/2102/93 Augustine Kalu Marcus vs. Group Capt. J. Obakpolor & Anor. The Applicant also sought for an order of Court allowing the Applicant to raise fresh issues that were not raised at the High court which bothered on the issue of incompetence of the 1st Respondent’s Motion that relisted Suit No. ID/2102/93 after it was struck out the same day and the invalidity of the ruling of the High Court relisting the suit being a ruling without jurisdiction and all the proceedings thereafter down to judgement and the invalidity of the 1st Respondent’s Statement of Defence to the said suit both processes having being prepared and signed by a non-lawyer among others. The Application was supported by an affidavit and exhibits. The 1st Respondent opposed the application arguing that an Applicant can only raise a fresh issue with leave of court if it bothers on substantial point of law, substantive or procedural and which would need no further evidence, that if the proposed amendment is granted, there will be the need to call evidence as the issues are not based on substantial points of law and the grounds are vague.

HELD

Application Granted

ISSUES

? Whether the court can in the circumstance of this case grant an extension of time to appeal against the order of the high court made on the 24th June, 1996?? Whether the court can grant leave to the applicant to raise a fresh issue that was not raised at the High Court in this Appeal Court?? Whether the court can grant amendment of notice of appeal?? Whether the court can grant amendment of statement of defence and counter claim?