Bunu Mairami & Ors v. Bulama Ali Gonidinari (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the lead ruling)

By an application filed on 6th June 2024, the applicants pray for the following substantive order:

(a) An order for extension of time within which the appellant/ applicant may appeal against the judgment in suit No. BOHC/MG/CV/OO5/2012 delivered on the 28th day of September, 2015, the time for doing so having expired.

The application is predicated on the following grounds:

1. That judgment of the lower court was delivered on the 28th day of September, 2015 in favour of the respondent against the applicants.
2. One month after the judgment was delivered against the applicants their village was attacked by Boko Haram and they had to plea (sic) to Cameroon with their family.
3. The appellants/applicants were Internally Displaced Person in Cameroon until recently when they come back to Nigeria.
4. The appellants on coming back to Nigeria they approached counsel to file an (sic) against the judgment in suit No: BOHC/MG/CV/005/2012 and the counsel informed them they were/still out of time hence this application.
5. The failure to bring this application timorously [sic] and to file notice of appeal within time stipulated are due to reasons stated above.
6. This honourable (sic) has powers to grant this appeal and hear the appeal on its merit.

The application is supported by an affidavit of six (6) paragraphs to which the documents relied upon and a written address in support of the application were attached. The respondent filed a counter affidavit of twelve (12) paragraphs on 14th June, 2024. The written address in opposition to the application was attached to the counter affidavit.

The applicant distilled a sole issue for determination in the application, namely:

Whether or not the applicant is entitled to the relief sought.

In his written address, the respondent adopted the sole issue formulated by the applicants.

At the hearing of the application, M. Umara, Esq., learned counsel for the applicants and Zanna Hamza, Esq., of counsel for the respondent relied on and adopted the processes they filed and urged the court to uphold their respective contentions in the determination of the application.

The applicants seek a discretionary remedy for which they want the discretion of the court exercised in their favour by a grant of their application. The sole issue crafted by the applicants and adopted by the respondent recognises that it is for the applicants to show their entitlement to the relief sought based on the materials they furnished the court in their application, since it is the said materials that speak to the circumstances of this matter and would guide the manner of the exercise of discretion, relative to the prayer on the application.

Accordingly, the issue as nominated by the applicants, being idoneous will be the cicerone in the consideration of the submissions of learned counsel and determination of this application.

Issue for determination

Whether or not the applicant is entitled to the relief sought.

Submissions of the applicants counsel