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WILSON AGHOMI v. THE STATE

(2018) JELR 39523 (CA)

Court of Appeal  •  CA/OW/207C/2017(R)  •  28 Mar 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Lead Ruling): This ruling is in respect of a motion dated 6/6/2017 and filed on 8/6/2017 by the Applicant and in which he seeks for the following orders: -

1. Extension of time within which the Applicant may seek leave to appeal against the Ruling of the Court on No Case submission delivered on 30th day of September, 2015.

2. Leave to appeal against the said Ruling.

3. Extension of time to appeal against the Ruling.

The grounds for making the application as set out in the motion read thus: -

1. Time to file appeal expired after 90 (ninety) days of delivery of Ruling.

2. Counsel did not utilize the 90 (ninety) days window due to inadvertence to the time within which to appeal.

3. Failure to file appeal within time was due to counsels inadvertence.

The motion was entertained on 15/1/2018 with learned counsel for the Applicant, V.I. Ekeh, Esq., in urging the Court to grant the reliefs sought therein, relying on the supporting affidavit and fur…

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