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CaseLaw

Nwora V. Nwabueze (2011) CLR 6(d) (SC)

Judgement delivered on June 10th 2011

Brief

  • Extension of time to appeal
  • Rules of court
  • Inherent powers of court
  • Jurisdiction
  • Exercise of discretion

Facts

By an application filed on 12/11/10 and brought pursuant to Order 2 Rule 31 of the Supreme Court Rules and the inherent jurisdiction of this Honourable Court the appellants/applicants for themselves and as representatives of Okpuloji, Abba Town prayed for the under listed relief: -

  • 1
    An order granting the appellants/applicants an extension of time to seek leave to appeal against the decision of the Court of Appeal sitting at Enugu delivered on 3rd day of March, 2009 Coram V. A.O. Omage, S. S. Alagoa and S.D. Bage (JJCA).
  • 2
    An order granting the appellants/applicants leave to appeal against the said decision.
  • 3
    An order granting the appellants/applicants an extension of time within which to file the Notice and Grounds of Appeal against the decision referred to in (1) supra.
  • 4
    An order granting leave for the appeal to be heard on the bundle or documents compiled by the appellants/applicants as the Records of this appeal.
  • 5
    An order deeming as properly filed and served the appellants/applicants Notice of Appeal and all other processes already filed and served on the respondent.

And for such further Orders as this Honourable Court may deem proper to make in the circumstances.

The grounds on which the application is predicted are as follows:

  • 1
    That the decision of the Court of Appeal which the applicants are appealing against was delivered on 3/3/09.
  • 2
    The applicants have 90 days within which to file their notice of appeal by the Rules of this Honourable Court.
  • 3
    The applicants 90 days lapsed on 3/6/09.
  • 4
    The applicants were not aware that the said decision was given on the said date until their counsel was served with a supplementary record of appeal on 12/01/10 by the respondents in respect of an interlocutory appeal against the ruling of the Court of Appeal delivered on 27th day of January, 2009 Coram Justice V.A.O. Omage, Justice S. S. Alagoa and Justice S.D. Bage striking out the applicants motion dated 22/09/05 for a trial de novo.
  • 5
    The applicants were already out of time to file their notice of appeal by the time they became aware of the said order vide the supplementary record of proceedings/decision of the Court of Appeal of 3/3/09 served on the applicants counsel by the respondents.

    • In the circumstance, it is mandatory under the Rules of this Honourable Court for the applicants to seek the prayers embodied in this motion paper.

  • 6
    The decision of the Court of Appeal which the appellants are seeking leave to appeal against is a final decision of the Court of Appeal on the matter under Section 318 (1) of the 1999 Constitution of the Federal Republic of Nigeria.
  • 7
    The Rules of this Honourable Court allow the appellants/applicants to prepare and transmit for the use of the Honouable Justices of this Court and ensure service on all the respondents, a Record of Appeal either simultaneously with the Notice of Appeal or within 14 days after filing the...
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