CaseLaw
This is an appeal against the ruling of the Lagos Division of the Court of Appeal delivered on 9/12/2002 dismissing the Applicant's/Appellants' application by Notice of Motion brought pursuant to Order 3 Rules (2), (3), and (4) of the Court of Appeal Rules Cap.62 Laws of the Federation of Nigeria and Section 16 of the Court of Appeal Act seeking three reliefs to wit, firstly, for enlargement of time within which to seek leave to appeal against the judgment of the Federal High Court Lagos delivered on 13/12/2001 in the suit No. FHC/L/CS/510/96; secondly, leave to appeal against the said judgment and, thirdly, enlargement of time within which to appeal against the said judgment. The application is supported by an affidavit of four paragraphs. The Respondent in opposing the application has filed a Counter¬ Affidavit of seven paragraphs. After hearing both patties through their respective Counsel, the Court below in a considered ruling in dismissing the application said at page 22 of the record thus:
"I am satisfied that the proposed grounds of appeal raise good grounds why the appeal should be heard, if the applications had satisfied the first limb of Order 3 Rule 4, I would have granted this application since the decision of the lower Court was final there would have been no need to seek the leave of this Court."
The applicants (i.e. Appellants in this Court) being dissatisfied with the decision have appealed to this Court.