CORAM
SOWEMIMO, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
BELLO, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
PARTIES
UKPE IBODO & ORS
APPELLANTS
IGUASI ENAROFIA & ORS
RESPONDENTS
AREA(S) OF LAW
APPEAL – EXTENSION OF TIME
SUMMARY OF FACTS
The plaintiffs/applicants brought an application for extension of time within which to appeal, and for extension of time within which to apply for leave to appeal, to the Supreme Court, against the judgment of the Federal Court of Appeal but same was dismissed.
HELD
The court held that the plaintiffs/applicants application for extension of time within which to appeal or within which to apply for leave to appeal, does not disclose circumstances that are just for the application to be granted and hence must be dismissed.
ISSUES
None.
RATIONES DECIDENDI
EXTENSION OF TIME WITHIN WHICH TO APPEAL
‘There must therefore be:
(i) good and substantial reasons for the failure to appeal within the period prescribed, and
(ii) grounds of appeal which prima facie show good cause why the appeal should be heard.’ Per Aniagolu, JSC.
THE DOCUMENTS AN APPLICANT FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL MUST FILE IN COURT
‘It cannot be overemphasized that where an applicant required the court to exercise its discretion for a grant of extension of time within which to appeal or within which to apply for leave to appeal, all the documents which it will be necessary for the court to see in order to decide on the application must be exhibited. These normally should include, among others, the affidavits of the applicant and/or his counsel; the judgments of the courts below; the exhibits or so much of the exhibits on which the applicant will rely to argue his application; his proposed grounds of appeal; where necessary, the record of proceedings or so much of the record of proceedings as will enable the court to found on the substantiality of those grounds of appeal based solely, or in the main, on the evidence given; the brief of the applicant’s argument, and any other document or documents which in the special circumstances of a particular case the court will need to see in order to be able to decide on the matters in contest in the application’. Per Aniagolu, JSC.
ON WHAT IS EXPECTED OF AN APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL
‘Since in all cases it is the duty of the court to do justice, an application for extension of time within which to appeal or within which to apply for leave to appeal, must show that the circumstances are such that it is just that the application should be granted.’ Per Aniagolu, JSC
CASES CITED
1. Mogo Chinwendu v. Nwanegbo Mbamali and Anor. decided on 28th March 1980
2. Kasunmu Aworeni v. Jacob Akinyele and 3 Ors. (1967) NMLR 343
3. G.B.A. Akiyede v. The Appraiser (1971) 1 All NLR 162 at p. 165;
4. Doherty v. Doherty (1964) 1 All NLR 299;
5. Ahmadu v. Salawu (1974) 1 All NLR (Pt. II) 318 at 324).
6. Tunji Bowaje v. Moses Adediwura (1976) 6 S.C. 143 at 147
7. Chief Kweku Serbeh v. Ohene Kobina Karikari (1938) 5 WACA 34;
8. Ohene Tekyi Akyin III v. Kobina Abaka II (1937) 5 WACA 49 at 55
9. Property and Reversionary Investment Corporation Ltd. v. Templar and Anor. (1977) 1 WLR 1223 at 1225
STATUTES REFERRED TO
1. The Supreme Court Rules, 1977
2. The Supreme Court Act, No.12 of 1960