Applicants through a motion filed on 5-3-07 had sought certain reliefs which included an order extending the time within they could apply for leave to appeal against the judgment of the Court of Appeal, of 2nd April, 2001 on grounds of "mixed law and facts and or facts.

They also asked the Court to grant leave to appeal against the said decision on mixed law and facts and/or facts alone and extend the time to file notice of appeal against the said decision on mixed law and facts and/or facts alone.

In an affidavit filed in support of the motion, the 1st Appellant/Applicant stated that he had earlier filed a Notice of Appeal dated 8th May, 2001 on 11th May, 2001, containing fourteen grounds of appeal with all except the omnibus ground said to be errors in law.

Upon a change of Counsel, he was advised that though the grounds of appeal were tagged errors in law, many of them were in fact grounds of mixed law and fact for which leave of Court must be obtained to appeal. The present application was necessitated by the fact that no leave to appeal on grounds of mixed law and fact or fact alone was earlier obtained.

The Respondent however filed a counter-affidavit in which he alleged inter alia, that the Applicants had not manifested good faith in this matter because they filed the Notice of Appeal long before the Court of Appeal delivered its judgment, since the Registrar's endorsement on the face of the documents show that they were filed in the morning of the day the judgment was actually delivered.