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What an applicant must show for his application for extension of time within which to appeal to succeed  

 

Manuel Akinshola
Joined: 3 years ago
Posts: 190
August 30, 2020 1:17 pm  

APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL: What an applicant must show for his application for extension of time within which to appeal to succeed

 

"For an application for extension of time to succeed the applicant must show:

(a) Good and substantial reasons for failure to appeal within the prescribed period; and

(b) Grounds of appeal which prima facie show good cause why the appeal should be heard.

Both (a) and (b)' must coexist before the application can be granted. This is a discretion which must be exercised judiciously. That is to say the judge must consider (a) and (b) and not act as he likes, (a) and (b) are the requirements to be considered. Any action short of that, the judge would be said to have acted arbitrarily.

In (a) there must be a detailed explanation why the applicant was unable to appeal within time. Excuses such as error or inadvertence of counsel will suffice. Once the delay is explained the length of the delay is immaterial (b) he only needs to show that the grounds of appeal are arguable and not that they would succeed. See Ibodo v Enamfia 1980 5 - 7 SC p 42 Kotoye v Saraki 1995 5 NWI R pt 395 p 256."

 

Per Rhodes-Vivour, J.C.A. in

OBANDE OBEYA V. FIRST BANK OF NIGERIA PLC (CA/J/192/2005) [2010] NGSC 11 (08 July 2010);


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