SAANTALI ZHITSU & ANOR v. CHIEF JOEL OGUNDEJI & ORS
(2014)LCN/6858(CA)
RATIO
APPEAL: CONDITIONS TO BE ESTABLISHED IN AN APPLICATION FOR EXTENSION FOR TIME IN AN APPEAL
It is reproduced in Order 3 Rule 4(2) of the Court of Appeal Rules 2002 and Order 7 Rule 10(2) of the court of Appeal Rules 2007. These provisions establish that an applicant for extension of time within which to appeal or within which to seek leave to appeal out of time must (a) establish good and substantial reasons for failure to appeal within time; and (b) grounds of appeal which prima facie show good cause why the appeal should be heard. Generally, these two conditions must be present conjunctively in an application for extension of time within which to appeal. See Ukwu vs. Bunge (1997) 8 NWLR (Pt.518) 527; Shanu vs. Afribank Plc (2000) 13 NWLR (Pt. 684) 392; University of Lagos vs. Olaniyan (No.1) (1985) 1 NWLR (Pt.1) 158; The Minister of Petroleum And Mineral Resources & Anor. Vs. Expo Shipping Line Nigeria Ltd. (2010) 12 NWLR (Pt. 1208) 261. In considering an application for leave to appeal out of time, the length of time that has elapsed is always a material factor – See Ukwu Vs. Bunge supra; Ojora vs. Bakare (1976) 10 NSCC 15. Per RAPHAEL CHIKWE AGBO, J.C.A
