AISHATU TORI BELLO & ANOR v. IBRAHIM BELLO AHMED
(2014)LCN/6917(CA)
RATIO
WHERE A NOTICE OF APPEAL IS FILED OUTSIDE THE STATUTORY PERIOD PROVIDED BY THE RULES OF COURT
Section 24(2)(a) of the Court of Appeal Act 2004 provides for three months within which to appeal against a final decision in a civil cause or matter. In the instant appeal the ruling now on appeal was delivered on 4th October, 2011 and the notice of appeal was filed on 3rd February, 2012. The notice of appeal was clearly filed outside the statutory period prescribed by law and there was no order for extension of time. In the circumstance, the notice of appeal having been filed out of time, the appeal is clearly incompetent and ought to be struck out. See Alor v. Ngene (2007) 2 SC 1, (2007) LPELR-431(SC), Owo & Ors v. Asuk & Anor (2008) LPELR-2853(SC), Etim v. State (1982) 10 SC 10, FBN Plc v. Olanrewaju Comm. Service Ltd (2006) ALL FWLR 690 at 693 – 694 (CA) and Adelekan v. Ecu-Line NV (2006) 12 NWLR (Pt. 933) 33 at 56 paragraphs D-G where the apex court per Ogbuagu JSC, stated thus: “Where a notice of appeal is/was filed outside the statutory period provided in the rules of court and there is no application for leave to file the same out of time, and none was granted, the consequence, is that such a notice of appeal, is incompetent and therefore, liable to be struck out.” Per ADAMU JAURO, J.C.A.
