CaseLaw
Olowokere V. African Newspapers (1993) CLR 5(j) (CA)
Judgement delivered on 17th May, 1993
Brief
Facts
The applicant in an application before us seeks to enlarge the time within which to appeal in respect of the judgment in suit No. 1/230/88 dated 31st day of May, 1990. In support of the application is a 20-paragraph affidavit.
A valid appeal was filed by the applicant on 7/8/90 against the judgment of Falade J. that was delivered on 31/5/90, which is still the judgment sought to be the subject of appeal. Thereafter, the appellant/applicant sought the leave of this court to file and argue additional grounds of appeal. Before the motion was moved learned counsel for the respondent filed a notice of intention to rely upon preliminary objection, and on the day the motion was moved, and upon counsel's reliance on his preliminary objection and submission thereon, the court struck out the notice of appeal.
The present application emanated from the applicant's attempt to have the appeal relisted by his filing a motion on notice for enlargement of time within which to appeal against the judgment of the trial High Court delivered on 31st May, 1990.
Issues
Whether the order earlier made by the Court of Appeal striking out the...