Daniella Aghogho & Anor V. Bernard Oboatarhieyeren Okumagba (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Lead Ruling)

By motion on Notice filed on the 11th of October 2012, the Applicant Daniella Aghogho Ajusheashiboritshe Okumagba, seek the following trinity orders of this Honourable Court viz:

1. AN ORDER extending the time within which the Applicant may seek leave of this Honourable Court to appeal against the Ruling of the High Court of Lagos State delivered, by Hon. Justice Femi-Adeniyi, on 24th August 2012 in Suit No: HD/216/2012: BERNARD OBOATARHIEYEREN OKUMAGBA V. DANIELLA AGHOGHO AJUSHEASHIBORITSHE OKUMAGBA.
2. AN ORDER granting the Applicant leave to appeal against the Ruling of the High Court of Lagos State delivered, by Hon. Justice Femi-Adeniyi, on 24th August 2012 in Suit No: HD/216/2012 BERNARD OBOATARHIEYEREN OKUMAGBA V. DANIELLA AGHOGHO AJUSHEASHIBORITSHE OKUMAGBA, on grounds other than of law alone.
3. AN ORDER extending the time within which the Applicant may appeal against the Ruling of the High Court of Lagos State delivered, by Hon. Justice Femi-Adeniyi, on 24th August 2012 in Suit No: HD/216/2012 BERNARD OBOATARHIEYEREN OKUMAGBA V. DANIELLA AGHOGHO AJUSHEASHIBORITSHE OKUMAGBA.

And for such further order(s) as this Honourable Court may deem fit to make in the circumstances.

The Grounds upon which the application is predicated are:

1. The Applicant is out of time to file this appeal and the leave of this Honourbale Court is sine quo non to filing this appeal.
2. The delay in filing this application for leave to appeal was caused by the negligence and inadvertence of the Counsel initially assigned the conduct and preparation of this appeal.

In support of the application is an eleven (11) paragraphs affidavit deposed to by Isaac Ajala, a Litigation Assistant in the Law Firm of ANU ESO & CO, Counsel to the Applicant.

Suffice to say that in Paragraph 3 of the Supporting affidavit, it was deposed thus:

1. “That on the 24th day of August 2012, the High Court of Lagos State (Coram Femi Adeniyi) delivered a Ruling on the Applicants’ motion for maintenance pending the outcome of the substantive petition in Suit No. HD/216/2012 BERNARD OBOATARHIEYEREN OKUMAGBA V. DANIELLA AGHOGHO AJUSHEASHIBORITSHE OKUMAGBA. A Certified True Copy of the Ruling is herewith attached as Exhibit “A”

Therefore the application is in respect of an interlocutory order of Court made on the 24th of August 2012.

A certified true copy of the said Ruling is attached to this application and same is marked Exhibit A.

The Applicant, being dissatisfied with the said Ruling filed a Notice of Appeal, which is attached to the application as Exhibit “B”

The Respondent filed a Counter affidavit to the motion of ten (10) paragraphs; deposed to by Ogechukwu Enebeli, on the 29th of October 2012.

The Applicant filed a reply affidavit in response to Counter Affidavit deposed to on the 29th of October 2012, on the 12th of April 2013.

There is a further Counter affidavit in opposition to the motion filed on the 24th of April 2013.

The Applicant filed a 2nd Reply affidavit in answer to the Respondents’ further Counter-affidavit deposed to on the 24th of April 2013, on the 31st of May 2013.

Parties filed written addresses in support of their respective processes.