Government of Anambra State & Ors V. Association of Senior Civil Servants of Nigeria (2002)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A.

By an application on notice filed in the Registry of this court on 9th May, 2001, applicants sought for the following orders:

“(a) For extension of time within which the applicants shall apply for leave to appeal against the ruling of the learned Judges of the National Industrial Court, holden at Abuja delivered on 2/3/2001.

(b) Leave to appeal; and

(c) Extension of time within which to file notice and grounds of appeal.

(d) And for such further order or orders as the Honourable Court may deem fit to make in the circumstance.”

In support of the application, applicants filed an affidavit the substance of which is that-

(i) Respondent commenced proceedings for the enforcement of a judgment in its favour delivered by the National Industrial Court (hereinafter called the lower court on 27th June, 1999.

(ii) By an application to the lower court the applicant sought for interpretation of that judgment consequent upon certain laws enacted after the date of the judgment.

(iii) Counsel for the applicant wrote explaining her inability to attend the proceedings of the lower court on 1st February, 2001 when the case was due to come up and she requested for an adjournment.

(iv) When the substantive application for interpretation of the earlier order of court came up for consideration by the lower court, the applicant’s application for adjournment was opposed by counsel for the respondent on the ground that sufficient excuse had not been made for absence of counsel on that day.

Counsel therefore urged the lower court to strike out the application for the interpretation by the lower court of its judgment dated 20th November, 2000.

(v) Counsel also by ex-parte oral application sought for certain orders consequent upon which the lower court made the following orders:

“Court order