LEONARD OKERE VS TITUS NLEM

CORAM

A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT

P. NNAEMEKA-AGU JUSTICE, SUPREME COURT

WALI JUSTICE, SUPREME COURT

AKPATA JUSTICE, SUPREME COURT

PARTIES

LEONARD OKERE VS TITUS NLEM

APPELLANTS

TITUS NLEM

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants who were the plaintiffs in the trial Court filed an action in that Court asking for a declaration that the villagers of Umuanyim in Umuekwune town, comprising of the kindreds of the plaintiffs and the Defendants are entitled to customary right of occupancy of the property in dispute. The action was dismissed and a year after the judgment of the trial Court, the plaintiffs filed an application in the Court of Appeal for enlargement of time within which to file Notice and Grounds of Appeal to that Court. The application was refused.

HELD

The Supreme Court held that where no question as to the substantiality of the proposed grounds of appeal arose, all that the Court of Appeal ought to have concerned itself was whether the failure to appeal within time had been satisfactorily explained by the applicants

ISSUES

Whether the Court of Appeal exercised its discretion rightly in refusing the appellants extension of time to appeal to the Court of Appeal against the judgment of the trial Court

RATIONES DECIDENDI

AN APPLICATION FOR LEAVE TO APPEAL WILL BE SUCCESSFUL

“It is now well settled that an application for leave to appeal will be successful, where applicant can show (i)that the delay In bringing the application is neither willful nor inordinate (ii) that there are good and substantial reasons for failure to appeal within the period statutorily prescribed (iii) that there are grounds which prima facie show good cause why the appeal should be heard.” Per KARIBI-WHYTE,JSC