EXTENSION OF TIME WITHIN WHICH TO APPEAL – WHETHER A DELAY IN THE ASSIGNMENT OF THE APPLICATION FOR LEAVE BY THE TRIAL COURT CONSTITUTES COGENT REASON FOR THE GRANT OF AN APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL
Topic starter August 5, 2020 9:46 am
From the paragraphs of the supporting affidavit as reproduced above, it has disclosed cogent reasons for the delay in not appealing timeously more especially at paragraphs 3 (iv) where the applicant filed an application for leave to appeal on 3/08/2018 (Exhibit ‘MDM 3’) but same had to await assignment to a judge for hearing. Paragraph 4 (iv) also shows that the applicant is out of time owing to the costly delay in waiting for assignment of its application for leave at the lower Court. These are cogent reasons in the eyes of the law that will allow the grant of the application – Yiborku v. Republic (1968) 1 All NLR 343; Saffieddine v. C.O.P. (1965) 1 All NLR 54.
PER A. M. BAYERO, J.C.A. IN MANAGING DIRECTOR, MOTHER COOL V E. D. TSOKWA & CO.
suit no: CA/YL/142M/2019
Legalpedia Electronic Citation: (2020) Legalpedia (CA) 11401
Topic starter August 5, 2020 9:47 am
Summary Of Fact:
The Applicant herein by way of a Motion on Notice, prayed for the following reliefs: an order of the Honourable Court extending time to the Applicant to apply for leave to Appeal against the decision of Adamawa High Court of Justice delivered by Hon. Justice Nathan Musa on 1/08/2018 in Suit No. ADSY/10A/2017 between Managing Director, Mother Cool v. E. D. Tsokwa & Co. to the Court of Appeal on grounds of facts and mixed law and facts; an Order of the Honourable Court granting leave to the Applicant to Appeal against the decision of the Adamawa State High Court of Justice, to the Court of Appeal on grounds of facts and mix law and facts; an Order of this Honourable Court extending time within which the Applicant may Appeal against the decision of the Adamawa State High Court of Justice to the Court of Appeal.