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EXTENSION OF TIME FOR LEAVE TO APPEAL -CONDITIONS TO WARRANT THE GRANT OF AN APPLICATION FOR EXTENSION OF TIME FOR LEAVE TO APPEAL

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“This Court, as can be seen from the In re: Adewunmi & Ors. (1988) 3 N.W.LR. (Pt. 83) 483; University Of Lagos v. Olaniyan (supra); (Pt. 284) 630; Williams v. Mokwe (supra), has consistently maintained that the two conditions, under Order 7 Rule 10(2) of the Court of Appeal Rules, 2011 or its equivalent, which must be fulfilled to warrant the grant of an application for extension of time for leave to appeal are good and substantial reasons for failure to appeal within the prescribed period and grounds of appeal which prima facie good cause why the appeal should be heard.   The two conditions are statutory and conjunctive, and they are intended to be given effect to by the Courts interpreting them. The Judge's duty being merely to interpret the statute, and not to make a statute; the Judge when interpreting a statutory provision, as Order 7 Rule 10(2) of the Court of Appeal Rules, 2011, is only to bring out the natural meaning of words in the statutory provision where the words are clear and unambigous: Abayomi Babatunde v. Pan Atlantic Shipping & Transport Agencies Ltd. & Ors. (2007) ALL F.W.LR. (Pt. 372) 1721 at 1752.

 

 

PER E.EKO, J.S.C IN COUNTY & CITY BRICKS DEVELOPMENT COMPANY LTD VS HON. MINISTER OF ENVIRONMENT HOUSING & URBAN DEVELOPMENT & ANOR Legalpedia Electronic Citation: LER [2019]SC.239/2011

 

 



   
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