Chief Shittu Banjoko & Ors V. Jimmy Ajibola Alayande (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the leading Judgment)

By a Motion on Notice dated the 21/2/2014 and filed the 24/2/2014, the Applicants herein, who are the Respondents in this appeal, sought for the below stated order of this court:

“Orders of this Honourable Court:-

Extending the time within which the Respondents/Cross-Appellants may cross appeal and file their notices of cross-appeal against the rulings delivered by the High Court of Ogun State, per Justice A. O. Asenuga on 26th of October, 2010 and 25th of May, 2011 in Suit No. HCF/4/05.

The grounds upon which the application was brought are that:

(A) The lower court delivered its rulings being sought to be appealed against on 26th of October, 2010 and 25th of May, 2011.

(B) Judgment was delivered in favour of the Appellants on 5th of March, 2013.

(C) The Appellant/Cross-Respondent filed an appeal against the judgment on 12th of April, 2013.

(D) The Respondents/Cross-Appellants are dissatisfied with the aforesaid rulings and want to appeal against same for consideration by this Honourable Court.

(E) The time limited for the Respondents/Cross-Appellants to appeal has elapsed and now need the order of this Honourable Court extending the time for them to appeal and file their notice of appeal.

The Motion is supported by an affidavit of 21 paragraphs to which are attached three annextures marked as Exhibits “A”, “C” and “D” respectively. These are (a) the trial Court’s Ruling of 26/10/2010 (b) Proposed Notice of Cross-Appeal against the Ruling of 26/10/2010 and (c) Proposed Notice of Cross-Appeal against Ruling of 25/5/2011.

In opposition to the application, the Respondent filed a Counter-Affidavit of 24 paragraphs to which are annexed three Exhibits marked as Exhibits “A”, “B” and “C” respectively. The Applicants also filed a Further Affidavit on the 27/3/14 to which is attached the trial court’s Ruling of the 25/5/2011.

The gravamen of the Applicants’ application is hinged on paragraphs 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the Applicants’ Affidavit in support which I endeavor to reproduce below:

“4. That in the course of trial, the lower court delivered two separate rulings on 26th of October, 2010 and 25th of May, 2011.