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NOTICE OF APPEAL – REQUIREMENT OF A VALID NOTICE OF APPEAL

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“I think it is pertinent to stress here, that a notice of appeal is the life wire or spinal cord of an appeal. It is what places an appeal in its proper perspective. In fact, it is the fulcrum or cynosure of the appeal as there cannot be a valid appeal without a valid notice of appeal. The most valid requirement of a valid notice of appeal is that it must be filed within the actual period allowed by law to file it. If such period expires the appellant is duty bound to seek and obtain extension of time to file, such appeal. Where the period of filing the appeal prescribed by law expired and no extension of time of the court was sought and obtained, then such notice of appeal becomes incompetent and therefore, by extension, the appeal becomes invalid or incompetent and liable to be struck out. See Oranye Vs Jibowu, Afri Bank Nigeria Plc Vs Mr Chima Akwara (2000) 5 (1950) 43; WACA NWLR (pt 974) 619”.

 

PER A.SANUSI, J.S.C in FEDERAL REPUBLIC OF NIGERIA V ADEYANJU BODUNDE LER [2018]SC.736/2015  https://legalpediaonline.com/christian-soronnadi-anor-vs-aruji-durugo/


   
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