APPEAL - DUTY OF A PARTY WHO SEEKS TO FILE AN APPEAL OUT OF TIME
“May I remind the appellant that where a party is out of time to file his appeal, he needs to apply to the court for extension of time to enable the said notice to be properly filed. An appellant who files notice of appeal out of time without an extension of time by the court cannot be heard as the court will have no jurisdiction to hear an appeal based on an incompetent notice of appeal. See Incar Nigeria Plc & anor v. Bolex Enterprises Nigeria Ltd (2001) 12 NWLR (Pt. 728) 646. Odofin & Ors v. Agu (1992) 3 NWLR (Pt. 229) 530.
PER J.I. OKORO, J.S.C IN THE CASE OF FEDERAL REPUBLIC OF NIGERIA V ADEYANJU BODUNDE
Legalpedia Electronic Citation: LER SC. 736/2015