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CaseLaw

Iketa Best V. A.G., Rivers state (2008) CLR 2(i) (SC)

Judgement delivered on February 15th 2008

Brief

  • Extension of time within which to appeal
  • Grounds of appeal
  • Supreme court interfering with lower court’s exercise of discretion

Facts

The process which has given rise to this appeal was initiated at the Court of Appeal, Port-Harcourt Division. It was a motion filed therein on the 19/8/2003 by the Respondent therein. The motion prayed for:-

  • i.
    Extension of time within which the Appellant/Applicant can apply for leave to appeal against the judgment of Justice T.K. Osu of the Rivers State High Court delivered on the 16th April, 1996 in suit No. PHC/1097/94.
  • ii.
    Leave to appeal against the judgment of Justice T.K. Osu J delivered on the 16th April, 1996 in suit No. PHC/1097/94.
  • iii.
    Extending the time within which to appeal against the judgment of Justice T.K. Osu J delivered on 16th April, in suit No. PHC/1097/94.
  • iv.
    Deeming as properly filed and served the notice of appeal already filed and served in tills suit.

By a split decision on the 13th of November, 2003 the application was granted. Implicit in the majority decision of Akintan, (JCA) (as he then was) and Adeniji, JCA was that the deeming order sought was refused and the Applicant was given 14 days within which to file his notice of appeal. In his minority opinion, Aboyi John Ikongbeh JCA (of blessed memory) refused the application and dismissed it.

The Plaintiff who was Respondent therein was aggrieved by the decision and has come on appeal to this Court.

Issues

  • 1.
    Whether the introduction by the Court of Appeal suo motu, of a fact not...
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