Nigerian Union Of Civil Service Secretarial/Stenographic Workers & Ors V. Comrade Bob Nwanwa (2017)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Lead Ruling)
This application dated and filed on 14th November, 2013 was commenced pursuant to Order 7 Rules 1 and 7 of the old Court of Appeal Rules, 2011 is for the following:
- AN ORDER extending the time within which the Appellants/Applicants are to seek leave to appeal against the decision of the State High Court Port Harcourt Judicial Division Contained in its Ruling delivered on the 21st day of September, 2011 in Suit No. PHC/1423/2008: COMRADE BOB NWANWA V. NIGERIA UNION OF CIVIL SERVICE, SECRETARIAL/STENOGRAPHIC WORKERS (NACSSAW) & ANORS.
- AN ORDER granting the Appellants/Applicants leave to appeal against the decision of the State High Court, Port Harcourt Judicial Division contained in its Ruling delivered on 21st day of September, 2011 in Suit No. PHC/1423/2008 COMRADE BOB NWANWA V. NIGERIA UNION OF CIVIL SERVICE, SECRETARIAL STENOGRAPHIC WORKERS (NACSSAW) & ANORS.
- An order enlarging the time within which the defendants/Applicants are to appeal against the decision of the High Court of Rivers State, Port Harcourt Judicial Division contained
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in its Ruling delivered on the 21st of September 2011 in Suit No.PHC/1423: COMRADE BOB NWANWA V. NIGERIA UNION OF CIVIL SERVICE, SECRETARIAL STENOGRAPHIC WORKERS (NACSSAW) & ANORS.
- An order staying all further proceedings in Suit No. PHC/1423: COMRADE BOB NWANWA V. NIGERIA UNION OF CIVIL SERVICE, SECRETARIAL/STENOGRAPHIC WORKERS (NACSSAW) & ANOR pending the hearing and determination of the appeal.
The application is denoted on the grounds that:
i) The applicants had earlier on filed an appeal within time to the Court of Appeal, Port Harcourt Division against the decision of the High Court of Rivers State in Suit No. PHC/1423/2008 contained in the ruling of His Lordship Hon. Justice Ahiakwor (Judge) dated the 21st day of September, 2011.
ii) The records of appeal were compiled, transmitted and served in respect of appeal which was entered in the Court of Appeal and numbered as Appeal No. CA/PH/555/2011.
iii) When the said appeal came up for motion before the Court of Appeal on Wednesday the 23rd day of October 2013, its was discovered that out of ignorance, inadequate filing fees were assessed by the Registrar of
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the Court below and paid by the Appellants/Applicants in respect of the Notice of Appeal which originated from the said appeal and secondly the appeal was signed by the firm of solicitors and as a result, the said appeal was struck out for being incompetent.
iv) The Appellants/Applicants need to re-file the said appeal but the statutory time for doing so has expired.
v) The Appellants/Applicants needs a Court order for Extensions of time to appeal (file Notice and grounds of appeal) against the said decision of the High Court of Rivers State.
In support of the application is an Affidavit of seventeen (17) Paragraphs deposed to by Mr. Goodhead Iwari, the Chairman of the 1st Applicant. Annexed to the Affidavit are three exhibits marked as Exhibits ?A?, ?B? and ?E?. Exhibit A is the Ruling of the trial Court delivered on 21st September, 2011 in Suit No. PHC/142. Exhibit ?B? is the Notice of Appeal dated 14th November, 2013. Exhibit ?E? is the Record of Proceedings of this Court in Appeal No. CA/PH/555/2011.
Unhappy with the application, the Respondent filed a Counter Affidavit
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