THE REGISTERED TRUSTEE OF THE CATHOLIC DIOCESE OF PORT HARCOURT v MRS. CHARITY DUBA GBARADE & ANOR

CORAM

HON. JUSTICE M. L. GARBA. JUSTICE. COURT OF APPEAL

HON. JUSTICE EJEMBI EKO JUSTICE. COURT OF APPEAL

HON. JUSTICE S. J. ADAH JUSTICE. COURT OF APPEAL

PARTIES

THE REGISTERED TRUSTEE OF THE CATHOLIC DIOCESE OF PORT HARCOURT

APPELLANTS

1. MRS. CHARITY DUBA GBARADE

2. HIS ROYAL HIGHNESS EMERE CHIEF GODWIN BEBE OKPABI (Chief/Paramount Ruler of Ogale Community Eleme Local Government Area of Rivers State)

RESPONDENTS

AREA(S) OF LAW

APPEAL, COURT, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The Defendant/Appellant/Applicant filed an application before the Court of Appeal for extension of time within which they can appeal against the interlocutory decision of the River State High Court. The order made in the ruling of the said High Court sitting at Nchia, which the Applicant wants to appeal is an order of interlocutory injunction granted in favour of the Respondent, as the Claimant/Applicant at the lower court, which inter alia directed the Applicant herein “to desist from further infringement on the right of easement of the (Respondent herein)” and further permitted the Respondent herein “to make two openings through the concrete wall fences erected and built round” the 3 parcels of land claimed by the Respondent herein so that the Respondent “and her children, agents, privies and tenants can enjoy the right to ingress and egress.”

This application is governed by section 24(2) (a) of the Court of Appeal Act, 2004. The Applicant has 14 days to appeal on interlocutory decision. The Applicant is now out of the time within which to appeal the interlocutory order or decision, he therefore sought the indulgence of this court for extension of time within which to exercise the right to appeal the interlocutory decision/order. The Applicant asserted that the reason for the delay in filing the appeal within the prescribed period was the inadvertence of counsel.

HELD

Application Dismissed

ISSUES

Nil

RATIONES DECIDENDI

EXTENSION OF TIME TO APPEAL- CONDITIONS TO BE FULFILLED BY APPLICANT SEEKING EXTENSION OF TIME TO APPEAL.

“The applicant for extension of time within which to appeal had to satisfy two conditions, which are conjunctive, in order that this court will exercise its discretion to extend time for him to file his notice of appeal upon the efflusion of the period prescribed for him to appeal. The sine qua non for the exercise of that discretion to enlarge time within which to appeal is his conjunctively showing forth good and substantial reasons for his failure to appeal within the prescribed period, and his showing, by his grounds of appeal, good cause prima facie why his appeal should be heard. PER. E. EKO, J.C.A.