Emmanuel Okafor & 2 Ors V Augustine Nweke & 2 Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

On the 19th day of December 2005, the applicants filed a motion before this Court praying for the following orders:-

“(i) An order for extension of time within which to apply for LEAVE to (CROSS) appeal in this suit.

(ii) LEAVE to (CROSS) appeal against he judgment of the Court of Appeal, Enugu, delivered on 25/1/01.

(iii) Extension of time within which to file the applicants notice and grounds in the said (CROSS) appeal.

(iv) An order deeming the said notice and grounds of appeal herein exhibited as properly filed and served, subject to the payment of the requisite court fees thereon.

(v) An order for leave to file and argue the grounds of mixed law and facts contained in the said notice and grounds of appeal at the hearing.” The motion was signed by:

J.H.C. OKOLO, SAN & CO.

APPLICANT’S COUNSEL

162B ZIK AVENUE

UWANI, ENUGU.

There is an affidavit of 22 paragraphs in support of the said motion to which has been exhibited a NOTICE OF (CROSS) APPEAL (PROPOSED) which applicants want deemed properly filed and served upon payment of requisite filing fees. The said notice of cross appeal is again signed by J.H.C. OKOLO, SAN & CO. and it is exhibit A attached to the said affidavit.

Finally, the applicants also filed a brief of argument in respect of the application as required by the rules of this Court on the 19th day of December, 2005. Like the previous two documents, the brief was signed by J.H.C. OKOLO, SAN & CO. On the 6th day of March, 2005 the respondents filed a counter Affidavit in opposition to the application while learned Senior Counsel for the respondents, G.R.I. EGONU SAN, filed the plaintiffs’ – respondents’ brief of argument in which he raised the issue, inter alia:

“1. Whether the notice of motion, notice of (CROSS) appeal and the applicants’ brief of argument for extension of time in this application are null and void.”