Alhaji Sadisu Ibrahim & Ors V. Unity Bank PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated 27th April, 2015 and filed on 26th June, 2015, the applicants prayed this Court:

1. AN ORDER enlarging time within which the appellant/applicant (sic) may file its (sic) notice of appeal against the judgment of the High Court of Justice of Nasarawa State, New Karu per Hon. Justice R. G. Soji in suit No: NSD/MG/162/14 delivered on 21st day of November, 2014.
2. And for any other/further order(s) that the honourable Court may deem fit to make in the interest of justice.

The application was predicated on the following grounds:

i. That the appellants/applicants instructed the law firm of Messrs I. J. Mbatsavdue & Co. Bima Chambers whose address is Messrs I. J. Mbatsavdue & Co. Bima Chambers, Suite 309, 3rd floor, NCWS Building, Area 11, Garki, Abuja on the 24th day April, 2015 to conduct an appeal against the judgment of Hon. Justice R. G. Soji delivered on the 21st day of November, 2014.

ii. That at the trial Court, the counsel to the plaintiff/respondent informed the appellants/applicants that there was no need

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for them to engage a counsel and when judgment was delivered, he kept assuring them that there will be no problem.

iii. That it was after an inquiry from the registrar of the trial Court as to the consequence of the judgment that the appellants/applicants were advised to appeal against it.

iv. That by the time the appellants/applicants became aware of the necessity to appeal against the judgment. The time limited for appeal had elapsed.

v. That by the rules of this Court, an appeal against the judgment ought to be filed within ninety (90) days from the date of delivery of the judgment.

iv. That from the date of delivery of judgment i.e. 21/11/2014 to the date our firm was briefed to prosecute the appeal i.e. 24/04/2015 is well over ninety days.

vii. That an application for enlargement of time within which to appeal is a sine qua non for the validity of the appeal.

viii. That clean copies of the Notice and Grounds of Appeal thereof have already been filed and served filing fees having been paid.

ix. That the judgment is monetary in nature and therefore executor.