United Bank for Africa Plc V. Chief Saka Lawal Osula (2002)

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SAKA ADEYEMI IBIYEYE, J.C.A.

The applicant filed a motion on notice dated 20th of June 2001 in which he is seeking the following orders:

“1. An order for extention of time to seek leave to appeal against the judgment and Ruling of Honourable Justice J.O. Sadoh delivered in Benin City on 20/11/97 and 02/12/99 respectively in Suit No. B/6/3/97, United Bank for Africa Plc vs. Chief Saka-osula on grounds of law, mixed law and facts and/or facts only.

An order granting leave to appeal to the Court of Appeal against the said judgment and Ruling on grounds of mixed law and facts and/or facts only as shown in the proposed Grounds of Appeal annexed to the affidavit in support of this motion and marked Exhibit “C”.

An order for extension of time within which to appeal against the Judgment and Ruling of Honourable Justice J. O. Sadoh delivered in Benin City on 20/11/97 and 2/12/99 respectively between United Bank Plc. vs. Chief Saka Lawal-Osula on grounds of law, mixed law and facts and/or facts only.”

The application is supported by a seventeen paragraph affidavit deposed to by the applicant himself. The judgment, ruling and the proposed grounds of appeal which are respectively marked as exhibits A, B and C are attached to the affidavit.

Paragraphs 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 and 15 of the affidavit 5. are of moment to the instant application. I shall reproduce them as follows:

“1. That I am the Defendant/Judgment Debtor/Appellant/Applicant herein.

That the Judgment of the lower court was delivered against me on the 20th day of November 1999 and a copy of the said Judgment is herein annexed and marked as Exhibit “A”.

That the said Judgment of the lower court was delivered against me in my absence and without allowing me the right to put in my defence or counsel on my behalf (sic).

That thereafter the Plaintiff/Judgment Creditor/Respondent filed a motion on notice for leave to attach my ancestral house at No. 34, Lagos Street, Benin City in execution of the aforesaid judgment debt.

That the said motion was argued and ruling on the said motion was delivered by the Honourable Justice J.O. Sadoh on the 2nd day of December, 1999.

That immediately after the ruling on the motion, a report came to me that my first son who is heir apparent to the hereditary traditional title of Arala of Benin Kingdom took ill and I was running up and down to save his life until he finally died on 22/2/2000 at Napoli City Italy.

That I am informed by Tom E. OAIKHINAN ESQ. and I verily believe him that at the time I gave him the Record of Proceedings, the time allowed by the Rules of this Honourable Court for filing appeals had expired.