Umaru Umaru Dangogo & Anor V. Isa Bello & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Lead Ruling)

This is the ruling on the motion on notice filed by the appellant on 12/2/2016 praying as follows

1. An order of the Honourable Court granting leave to the Appellants/Applciants to compile and transmit records of appeals in Appeal No: CA/S/129/2014, now pending before the honorable Court.
2. An order of the Honorable Court extending the time within which the Appellant/Applicants shall compile and transmit the records of appeal in appeal No: CA/S/129/2014 now pending before the Honorable Court.
3. An order of the Honorable Court deeming the Records of Appeal in Appeal No. CA/S/129/2014 already transmitted/deposited in the Registry of this Honorable Court on the 19th day of June, 2015 as duly compiled, transmitted and served on the parties, the requisite fees having been paid therefor.
4. An order of the Honorable Court granting leave to the appellants/applicants to file and argue additional grounds of appeal in appeal No: CA/S/129/2014, now pending before the Honorable Court.
5. An order of the Honorable Court granting leave to the appellants/applicants to

raise and argue fresh issues in appeal No: CA/S/129/2014, now pending before the Honorable Court.

6. An order of the Honorable Court granting leave to the appellants/applicants to raise and argue grounds of fact in appeal No: CA/S/129/2014 now pending before the Honorable Court.
7. An order of the Honorable Court granting leave to the appellants/applicants to raise and argue grounds of mixed law and fact in appeal No: CA/S/129/2014 now pending before the Honorable Court.
8. An order of the Honorable Court granting leave to the appellants/applicants to amend their notice of appeal to incorporate the proposed additional grounds of appeal in appeal No: CA/S/129/2014 now pending before the Honorable Court.
9. An order of the Honorable Court deeming the proposed appellants/applicants’ Amended Notice of Appeal hereto attached and marked Exhibit C as duly filed and served on the Respondents, the requisite fees having been paid therefor.
10. Such order or further orders as the Honorable Court may deem fit to make in the circumstances of this Application.

The grounds for bringing the application are:

1. The

appellants/applicants filed this appeal within time but the Registry of the Court below was unable to compile and transmit the records of appeal to this Honorable Court.

2. The time allowed within which the appellants/ applicants shall compile and transmit the records of appeal upon failure of the Court below so to do has also elapsed.
3. Failure of the appellants/applicants to compile and transmit the records of appeal is neither deliberate nor intended to waste the time of Court, but due to certain challenges encountered in the course of compiling the records.
4. The record of appeal has already been compiled by the appellants/applicants and same has been deposited at the Registry of this Honorable Court.
5. For the records so deposited to be properly before the Court, leave of the Honorable Court to compile and transmit same out of the must sought and obtained.
6. As at the time the Notice of Appeal was filed, counsel had been furnished with a copy of the judgment of the lower Court or the records of appeal.
7. Upon service on counsel of the judgment and the record of appeal, counsel felt necessity to file Additional Grounds

of Appeal and amend the Notice of Appeal.

8. Counsel also saw necessity to raise and argue fresh issue(s), grounds of fact, and grounds of mixed law and fact in this appeal.
9. To do these, leave of Honorable Court must be sought and obtained.
10. The appellants/applicants are willing and desirous of prosecuting this appeal diligently to its logical conclusion.
11. By the Rules, this Honorable Court has ample powers to grant this application.
12. The grant of this application will not prejudice the Respondents.

The motion on notice is supported by 6 paragraph affidavit with 3 annexures. S. O. Omora for the appellant/applicant relied on all the paragraphs particularly paragraph 4 (a ? K) of the affidavit.

He finally urged the Court to grant the application.

I have carefully considered the application, the grounds and the affidavit in support. I have taken note that the Respondent who was absent in Court was served on 24/2/2016 through his counsel with hearing notice in respect of this application.

?This application is brought pursuant to the provisions of Order 7 Rules 1, 2, and 10 (1) and Order 6, Rules

4 & 15 of the Court of Appeal Rules.

In respect of prayers 2 and 3 of the application, there is no doubt that the record of appeal in appeal No: CA/S/129/2014 was transmitted out of time.

Order 8 Rules 1 and 4 of the Court of Appeal Rules are pertinent in this. The Order reads

?ORDER 8