Nurudeen Ajani Akanji V. Rasaki Oyebamiji & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Lead Ruling)

This Ruling is in respect of an undated motion filed on the 8th day of June, 2016 by the Appellant/Applicant praying for the following orders:

1. An Order extending the time within which the Appellant/Applicant may file additional grounds of appeal, against the decision of the High Court of Oyo State, Ibadan Judicial Division, as contained in the judgment of the Honourable Justice O.A. Boade, delivered on the 30th day of June, 2010 in suit No. 1/357/2003: Alhaji R. Oyebamji V. Madam G. Olugbade & Anor as stated in ground 3.4 of the Proposed Amended Notice of Appeal attached to the affidavit in support of this application and more particularly set out in the schedule below.
2. An Order granting leave to the Appellant/Applicant to amend the Appellant?s Notice of Appeal filed on 28th September, 2010; by incorporating the additional grounds of appeal as ground 3.4 of the Amended Notice of Appeal attached to the Affidavit in support of this application and marked as ?NA?.
3. AN ORDER extending the time within which the Appellant/Applicant may

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file and serve its Appellant?s brief of argument in respect of this appeal.

4. AN ORDER of this Honourable Court deeming the Appellant?s Brief of Argument already filed and served as having been properly filed and served.
5. And for such further Order or other Orders as this Honourable Court may deem fit to make in the circumstances.

14 grounds were set out as the reasons for the application which is also supported by an affidavit of 30 paragraphs and exhibits, one of which is the proposed Notice of Appeal.

In opposition to the application, the 1st Respondent filed a counter-affidavit of three paragraphs.

Pursuant to the order of this Court, the parties filed written addresses. The Applicant?s written address is dated and filed 29/11/16. The Respondent?s written address is dated and filed on 7/12/16. The written addresses were duly adopted by the parties on 19/01/17.

The facts as deduced from the grounds and affidavits are as follows: The 1st Respondent herein instituted an action at the lower Court against the 2nd Respondent as the sole Defendant claiming damages for trespass and injunction. The

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Appellant/applicant on his application was joined as 2nd Defendant in the suit. He claimed to be the rightful owner of the land and consequently counter-claimed against the 1st Respondent. At the conclusion of hearing, the lower Court granted all the claims of the 1st Respondent against the 2nd Respondent and dismissed the counterclaim of the Appellant/Applicant on the ground that he had no cause of action against the 1st Respondent.

Dissatisfied with the judgment, the Appellant/Applicant filed a Notice of Appeal on 29/09/10. The Record of appeal was compiled and transmitted out of time but was deemed properly compiled and transmitted on 6th October, 2015. Learned counsel gave as reason for the late filing of the Appellant?s brief of argument the indigence of the Appellant. In the course of preparing the brief for filing, learned counsel claimed he discovered that there was need to file additional grounds of appeal. He then brought this motion praying for the Reliefs set out above. The reliefs in the application which the Respondent opposes are those concerning filing of additional grounds of appeal. He is not opposed to extension of time to file the

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Appellant?s brief of argument.

In his written address, the Applicant?s counsel identified a sole issue for determination – whether this honourable Court should allow the additional ground to be argued in the Appellant?s Brief.