CHIEF JAMES EJIOGU & ANOR v. DICKSON OGBONNA & ORS
(2018)LCN/12373(CA)
In The Court of Appeal of Nigeria
On Tuesday, the 20th day of February, 2018
CA/OW/120/2010
RATIO
APPEAL: WHERE AN APPEAL IS FILED OUT OF TIME
“This is a certified copy of the proceedings of the Port-Harcourt Division of this Court where the Court on 14th September, 2004 granted the appellant leave to file their Notice of Appeal within 30 days. The notice of appeal in this appeal was filed on 15th October, 2004 while the 30 days offered by the Court expired on 14th October, 2004. The notice of appeal was clearly filed out of time and we do not have the competence to extend the time allowed by order of Court retrospectively. The notice of appeal is incompetent having been filed out of time. The appeal is hereby struck out.” RAPHAEL CHIKWE AGBO, J.C.A.
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Between
CHIEF JAMES EJIOGU & ANOR Appellant(s)
AND
DICKSON OGBONNA & ORS Respondent(s)
RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment):
This is a certified copy of the proceedings of the Port-Harcourt Division of this Court where the Court on 14th September, 2004 granted the appellant leave to file their Notice of Appeal within 30 days. The notice of appeal in this appeal was filed on 15th October, 2004 while the 30 days offered by the Court expired on 14th October, 2004. The notice of appeal was clearly filed out of time and we do not have the competence to extend the time allowed by order of Court retrospectively. The notice of appeal is incompetent having been filed out of time. The appeal is hereby struck out.
MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I agree.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.
Appearances:
Anaga Kalu Anaga with him, Chinwe UgoanaFor Appellant(s)
C. A. ObianwaFor Respondent(s)
