This appeal arose from the refusal of the court of appeal to grant the appellant's application for orders granting extension of time within which to apply for leave to appeal. The appellant was defendant in an action brought against him by the respondent, then plaintiff, in the High Court of Lagos state whereby he was adjudged by Agoro, J. (as he then was) liable to the respondent in trespass, and an Injunction was ordered against him from committing further trespass on land described as No.2 Aderupoko Street, Iwaya Yaba .The appellant's appeal to the court of Appeal having failed, the appellant brought an application. To the High court apparently with the objective of having that court pronounce that the injunction ordered related to an area of land described on a plan which he had then put before that court .The matter came before Hotonu J. who being of the view that the appellants application was not only to review his judgement but also to give order inconsistent with the decision of the Court of Appeal, dismissed the application on February 17, 1987. On March 19, 1987, the appellant brought the application with which this appeal is concerned before the court of Appeal .On January 21, 1988, the court of appeal in a short ruling dismissed the application. That court in it's terse ruling said: Application for extension refused because with a little bit of diligence, the Ruling which was ready within the time limited for the appeal could have been set (sic) for application either to this court or for use in the court below". The appellant had in the affidavit in support of his application to the court below given as the sole reason for his failure to seek leave to appeal within the prescribed time of 14 days of the decision of the high court, an alleged impossibility for him to obtain a certified copy of the ruling delivered by Hotonu J. on February 17, 1987. It is clear from the ruling of the court below that that court did not find the reason acceptable.