DUTY OF COURT IN THE EXERCISE OF ITS DISCRETIONARY POWERS
Summary Of Fact:
The Applicants sued the Respondent before Gamboru Sharia Court, Maiduguri seeking amongst others the retrieval and distribution of Estate of their father which were said to have been entrusted with the Respondent. Judgment was entered in favour of the Applicant and aggrieved by the outcome, the Respondent appealed to the Upper Sharia Court 1 Maiduguri, which allowed the Appeal and set aside the judgment of the Sharia Court and ordered a retrial.
The Applicant appealed the judgment to the Sharia Court of Appeal and the Appeal was allowed in part. An order of retrial by the Upper Sharia Court 1, Maiduguri was also made. Dissatisfied with the outcome, hence this application pursuant to Section 242 of the 1999 Constitution of the Federal Republic of Nigeria as amended, Section 15 and 24 (4) of the Court of Appeal Act and Order 6 Rules 1, 6 and 7 of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of the Court for the trinity prayers; for extension of time to appeal and leave to appeal in that the period allowed to appeal under the law has expired.