CORAM
FRANCIS FEDODE TABAI, (Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
IKENTA BEST (NIG.) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent’s filled application for extension of time within which to seek leave to appeal without giving good reasons why it did not appeal within time but was granted leave by the court of appeal.
HELD
The court held that the court of appeal was in error to have granted leave to appeal when the respondent did not give substantial reasons why it did not appeal within time.
ISSUES
1. Whether the introduction by the Court of Appeal suo motu, of a fact not contained in the affidavit of the parties before it, and applying same in the exercise of the Court’s discretion to grant leave was proper.2. Whether grant of leave to the Respondent to appeal out of time was, in the circumstances of the facts before the Court, proper in law.
RATIONES DECIDENDI
CASES CITED
1. Williams v. Hope Rising Voluntary Funds Society (1982) All NLR (Part 1); 2. Yonwuren v. Modern Sighs Ltd (1985) 1 NWLR (Part 2) 244; 3. University of Lagos v. Aigoro (1985) 1 NWLR (Part 1) 143
STATUTES REFERRED TO
1. The Court of Appeal rules 20002. The Court of Appeal Act