H. O. Eze Enterprises Company Limited & Anor V. Idris Cleaners Limited (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated and filed on the 27th day of February, 2013, the applicants sought the following reliefs:

(i) An order granting them an extension of time to seek leave to appeal against the judgment of Plateau state High court No. 5, delivered on the 27th day of June, 2012 by Justice H. A. Othman;

(ii) An order granting them leave to appeal against the said judgment;

(iii) An order granting them an extension of time within which to appeal against the judgment referred to supra;

(iv) An order deeming as properly filed and served notice of appeal and all other processes already filed and served on the Respondent;

(iv) And for such order(s) the Court may deem fit to make in the circumstances of this case.

The application of the applicants is predicated on the following grounds.

(i) The judgment of the High court which the applicants are appealing against was delivered on the 27th of June, 2012.

(ii) By the Rules of court the applicants had 90 days within which to file the notice of appeal.

(iii) The 90 days had expired on the 26th of September, 2012.

(iv) The applicants filed motion to set aside the judgment on the next day after the judgment being 28th of June, 2012 has the said motion was moved on 23rd October, 2012 whereas the ruling refusing the application was delivered on the 26th of February, 2013.

(vi) The judgment of the High court the applicants are seeking to appeal against involve grounds of law and jurisdiction which are recondite, and

(vii) This Honourable Court has the (vires), to grant the applicants’ application for extension of time a-nd other orders sought in this application.