Agaladuma Olodo & Ors. V. Burton Josiah Iburuku & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T.O. AWOTOYE J.C.A. (Delivering the Lead Ruling)

This is the ruling on the application of the respondent/cross-applicants for:

(i) Leave to apply for extension of time to file cross-appeal.

(ii) Extension of time to file their cross-appeal

(iii) an order deeming the Notice of cross-appeal (Exhibit A) and the cross-appellant brief of argument (Exhibit B) as duly filed and relevant fees having been paid.

The grounds for the application are as follows:

“(a) since filing the Notice of Appeal on 7/7/2005 and their Brief of argument on 22/9/2006 the applicants herein believed and have been following up this appeal as 1st set of appellants.

(b) On 12/1/2010 this Honourable court ruled that the Applicants cannot properly fit in as 1st set of Respondent but can only be 2nd set of Respondents in view of the Records before it.

(c) It has become imperative to reach all the processes earlier filed to reflect this, order of the honorable court.

The motion was supported by 6 paragraph affidavit and another 4 paragraph further and better affidavit and a written address.

The plaintiffs/respondents opposed the application with 8 paragraph counter-affidavit and a written address.

The 4th appellant also opposed the application and filed a written address on 15/11/2010.

The appellant/respondents’ counsel in his written address to oppose the application submitted that the application was an abuse of court process.

On relief No. 1 in the application he submitted that no leave was needed.