Alfa Abdulganiyu J. Titanlaye V. Adebayo David (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling)

By a motion dated and filed on the 7th December, 2012, the applicant herein sought for the following reliefs:-

“(1) An order for extension of time within which the Applicant may seek leave to appeal against the decision of the High Court delivered on 26th June, 2012.

(2) An order for extension of time within which the Applicant may appeal against the decision of the High Court delivered on 26th June, 2012.

(3) An order for leave to appeal against the decision of the High Court delivered on the 26th June, 2012 on ground of mixed law and facts.

(4) An order of this Court deeming the Notice and Grounds of appeal as properly filed and served, thereby dispensing with further filing and service.

AND for such further orders as the Court might deem fit to make in the circumstances.”

The ground’s upon which this application was brought, as set out in the motion paper, are as follows:-

(1) The Learned Trial Judge delivered his judgment on 26/06/2012, dismissing the case of the claimant/applicant.

(2) The claimant/applicant counsel applied for a copy of the judgment but was given 20th September, 2012.

(3) By the time the copy of the judgment was made available the claimant/applicant was taken ill and on admission at LAUTECH Teaching Hospital, Osogbo, Osun State.

(4) By the time the claimant/applicant recovered and was discharged time for appeal had lapsed.

(5) The claimant/applicant seeks to appeal on grounds of mixed law and facts for which leave of the Court is necessary.

(6) The High court is not competent to extend the time within which to seek leave to appeal.”