Ifelodun Local Government V. Mr. Dauda Bello & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

This is an application brought pursuant to Order 7 Rule 10(1) and (2) of the Court of Appeal Rules and under the inherent jurisdiction of this Honourable Court.

The application seeks for the trinitarian prayers of:-

(a) Leave and Order of this Court for the extension of time within which to allow the Appellant/Applicant to file her Notice of Appeal out of time;

(b) Leave to appeal out of time;

(c) An order of extension of time to file the Notice of Appeal out of time; and

(d) An Order deeming the already filed and served Notice of Appeal as having been duly filed and served on the Respondents, the necessary fees having been duly paid, penalty inclusive.

The Grounds upon which the Application is predicated are as follows:-

1. The Appeal is out of time;
2. The leave of this Honourable is required to file the Notice of Appeal out of time and
3. The Notice of Appeal has raised some point of law.

In support of the Application is an affidavit of 24 paragraphs deposed to by Hassan Shehu Kazeem a Legal practitioner in the Chambers of A.G.F. Salahudeen & Co.; the Legal Firm handling the case. Annexed to the affidavit in support are two documentary Exhibits marked A and B respectively. Exhibit A is the Proposed Notice of Appeal against the Ruling of the lower Court, Per Honourable Justice A.O. Bamigbola of the High Court of Justice, Kwara State, sitting at Omu-Aran and delivered on the 1st April, 2008, while Exhibit B is the Ruling of the lower Court which is the subject of the application. The application is dated the 26th of January, 2010 and filed same date.

In opposition to the application, the 1st Respondent has deposed to a counter-affidavit dated and filed on the 29th of January, 2010. Considering the contentious nature of this rather innocuous application, this Honourable Court ordered written addresses to be filed which were adopted by respective counsel for the parties on the 10th day of November, 2010 and in the Address of the Applicant a sole couched in the following terms was identified for resolution thus:-

“Whether the Appellant/Applicant has fulfilled the conditions to warrant this Honourable Court to allow her appeal?”

On the other hand, in the Address settled by Joseph O. Ashaolu Esq., on behalf of the 1st Respondent, three issues were formulated as calling for determination in this application which are:-

“Whether the Applicant’s affidavit in support of her motion for extension of time discloses good, sufficient and compelling reasons for the delay in filing the Appeal within the time prescribed by law?

“2. Whether the Appeal as couched in the Proposed Notice of Appeal prima facie shows good cause why it should be heard?