Okebayode Aborode V. Chief Amusa Toriola Afolabi & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Ruling)

On the 8th of February, 2011, when this matter was called up for the hearing of the Motion on Notice, learned counsel to the Appellant/Applicant, O. Uwawah Esq., moved the court on his motion dated 14th May, 2010, filed same day. The motion which was brought under Order 7 Rule 10 (1) and order 8 Rule 20 (1) of the Court of Appeal Rules 2007. The learned counsel on behalf of the Appellant/Applicant had sought for the following orders:-

(1) An order restoring this Appeal which was dismissed on the 5th day of October, 2009 back to the cause list of the court.

(2) An order extending the time within which the Appellant/Applicant is to compile and transmit the Records of Appeal in suit No. HER/22/06 from the High Court of Oyo State to this court.

(3) An order deeming the already compiled transmitted and served Records of Appeal with Appeal No. CA/I/164/09 as properly compiled transmitted and served.

(4) An order extending the time within which the Appellant/Applicant is to file his Applicant’s brief in this case.

(5) An order deeming the Appellant’s brief already filed and served as properly filed and served.

Learned counsel to the Appellant/Applicant had sought reliance on the facts deposed on the 24 paragraphs affidavit which accompanied the motion on notice, but more particularly reliance is placed on paragraphs 10, 11, and 13 of the affidavit in support.

Paragraph 10 states as follows:-

“That before the return date, the Appellant/Applicant finished the compilation and transmission of the Records of Appeal to this court on 26th day of May, 2009.

Paragraph 11

That upon receipt of the Records of Appeal at the courts Registry it was given appeal No. CA/I/164/09.

Paragraph 13:-

That before the return date, O. Uwawah Esq. learned counsel for the Appellant who is personally handling the matter was bereaved of his mother and had to travel to sapele in Delta State.