Federal Polytechnic Bauchi V. MR. Ayoade Farayola (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Lead Ruling)

By this application the Applicant seeks:

“(1) An ORDER for extension of time within which to seek for leave of this Court to appeal against the judgment of the National Industrial Court Jos delivered on the 19th day of April, 2013 in Suit No NIC/ABJ/79/2011 between the Respondent and the Applicant.

(2) AN ORDER for leave of this Honourable Court to Appeal against the Judgment of the National Industrial Court Jos delivered on the 19th day of April, 2013 in Suit No NIC/ABJ/79/2011 between the Respondent and the Applicant.

(3) AN ORDER to appeal against the judgment of the National Industrial Court Jos delivered on the 19th day of April, 2013 in Suit No NIC/ABJ/79/2011 between the Respondent and the Applicant.

(4) AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances.”

The grounds of the application are as set out in the motion paper in support of which a six paragraph affidavit was filed.

The Respondent filed a 29 paragraph affidavit in opposition thereto.

I must observe that considerable portion of the affidavit and counter affidavit dwelt on legal argumentation which has no place in law in affidavit evidence.

It is also observed that Ground 5 of the Grounds for the reliefs sought and paragraph 3 (g) of the Applicant’s affidavit in support of the application contradict each other. While Ground 5 of the Grounds for the reliefs sought reads:

“That Counsel prepared a fresh one but could not file it as his wife fell Sick and he travelled with her to Egypt for medical treatment and inadvertently forgot to give directives to other counsel in Chambers.”

Paragraph 3 (g) reads:

“That the substantive counsel handling the matter, Nasiru Balan Malam Esq, prepared same but before he could file it, fell sick and flown to Egypt for immediate medical attention.”

There is also a further affidavit.