NEWSGATE COMMUNICATION LTD & ORS v. DA BULUS DARENG
(2016)LCN/8410(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 23rd day of March, 2016
CA/J/30M/2016
RATIO
APPEAL: TIME TO APPEAL OR TO SEEK LEAVE TO APPEAL TO THE SUPREME COURT; STATUTORY PROVISION AS TO THE TIME TO APPEAL OR SEEK LEAVE TO APPEAL TO THE SUPREME COURT
The decision of the Court of Appeal was rendered on 30th November, 2015. Time to appeal or to seek leave to appeal to the Supreme Court of Nigeria commenced from 31st November, 2015. The appellants had three months within which to have so sought leave to appeal to the Supreme Court under Section 27 of the Supreme Court Act Cap. S15 which provides as follows:
“(1) Where a person desires to appeal to the Supreme Court he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by Rules of Court within the period prescribed by Subsection (2) of this Section that is applicable to the case.
(2) The periods prescribed for the giving of notice of appeal or notice of application for leave to appeal are:-
(a) In an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision.
(b) In an appeal in a criminal case, thirty days from the date of the decision appealed against.
(3) Where an application for leave to appeal is made in the first instance to the Court below, a person making such application shall, in addition to the period prescribed by Subsection (2) of this Section be allowed a further period of fifteen days, from the date of the hearing of the application by the Court below, to make an application to the Supreme Court.
(4) The Supreme Court may extend the periods prescribed in Subsection (2) of this Section
The three months period expires on or about 31st March, 2016. Leave is granted the appellants/applicants to appeal to the Supreme Court of Nigeria on grounds of facts and mixed law and facts. No order as to costs. PER. JOSEPH TINE TUR, J.C.A.
JUSTICES
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria
Between
1. NEWSGATE COMMUNICATION LTD.
2. MR. NANYAH ANDREW DAMAN (JP)
3. RIFKATU SOLOMON
4. MRS. YUWANA NANYAH (JP)
(Carrying on Business as MINJY Ventures)
5. PATIENCE ADAMS Appellant(s)
AND
DA BULUS DARENG Respondent(s)
JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The appellants/applicants filed this motion on 4th February, 2016 praying for the following remedies:
?1. An Order granting leave to the appellants/applicants to appeal against the judgment of the Court of Appeal delivered in Appeal No.CA/J/97/2011 and CA/J/97A/2011, on the 30th day of November, 2015 to the Supreme Court on grounds of facts.
2. An Order granting leave to the appellants/applicants to appeal against the judgment of the Court of Appeal delivered in Appeal No.CA/J/97/2011 and CA/J/97A/2011, on the 30th day of November, 2015 to the Supreme Court on grounds of mixed law and facts.
3. For such order(s) as the Court may deem fit to make in the circumstances.
GROUNDS OF APPLICATION:
(i) The applicants being dissatisfied with the judgment of the High Court in Suit PLD/J/360/2009 lodged an appeal to the Court of Appeal.
(ii) The Court of Appeal having heard arguments from both parties on the appeal, delivered its judgment on the 30th day of November, 2015.
(iii) The Court of Appeal, in its judgment delivered on the 30th
November, 2015 dismissed the appeal of the appellants.
(iv) The applicants being dissatisfied with the decision of this Court of the 30th November, 2015 are desirous of filing an appeal to the Supreme Court against the judgment of the Court of Appeal.
(v) The applicants desire to raise grounds of appeal to the Supreme Court on grounds of law, mixed law and facts, and grounds of facts simpliciter.
(vi) The applicants require the leave of this Court to file an appeal on the grounds sought in this application.
(vii) No new evidence will be required in respect of any of the grounds of appeal for which leave of this Court is being sought.
(viii) The grounds of appeal are arguable and substantial
The decision of the Court of Appeal was rendered on 30th November, 2015. Time to appeal or to seek leave to appeal to the Supreme Court of Nigeria commenced from 31st November, 2015. The appellants had three months within which to have so sought leave to appeal to the Supreme Court under Section 27 of the Supreme Court Act Cap. S15 which provides as follows:
“(1) Where a person desires to appeal to the
Supreme Court he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by Rules of Court within the period prescribed by Subsection (2) of this Section that is applicable to the case.
(2) The periods prescribed for the giving of notice of appeal or notice of application for leave to appeal are:-
(a) In an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision.
(b) In an appeal in a criminal case, thirty days from the date of the decision appealed against.
(3) Where an application for leave to appeal is made in the first instance to the Court below, a person making such application shall, in addition to the period prescribed by Subsection (2) of this Section be allowed a further period of fifteen days, from the date of the hearing of the application by the Court below, to make an application to the Supreme Court.
(4) The Supreme Court may extend the periods prescribed in Subsection (2) of this Section
The three months period expires on or about 31st March, 2016. Leave is
granted the appellants/applicants to appeal to the Supreme Court of Nigeria on grounds of facts and mixed law and facts. No order as to costs.
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.:?I have read in draft the lead decision delivered by my learned brother, J. TINE TUR, JCA and I agree with the reasoning and conclusion made therein.
I therefore, abide by the orders made therein.
RIDWAN MAIWADA ABDULLAHI, J.C.A.:?My learned brother, JOSEPH TINE TUR, JCA has afforded me the opportunity of reading in draft the lead decision just delivered which I absolutely agreed with in the reasoning and conclusion.
?I also granted leave to the appellants/applicants to appeal to the Supreme Court on grounds of facts and mixed law and facts.
No order as to costs.
Appearances
Miss C.J. Okeke, Esq.For Appellant
AND
G. Ofodile Okafor, SAN. with him, Mrs. O.N. Adese, Esq. and
B.F. Adeyeye, Esq.For Respondent
