judy.legal
Login Register

OBASI ALAEDE & ANOR V. IGNATIUS OGUGUO

(2006) JELR 48847 (CA)

Court of Appeal  •  CA/PH/310M/2005  •  29 Jun 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Lead Ruling): The appellants/applicants have asked that time be extended to enable them appeal against the decision of the Imo State Customary Court of Appeal delivered on 12th May, 2003. SECTION 245 OF THE 1999 Constitution which creates the right of appeal in respect of decisions of the Customary Court of Appeal of a state provide: -

(1) "An appeal shall be from the decisions of a customary court of Appeal to the court of Appeal as of right in any civil proceedings before the Customary Court of Appeal with respect to any question of customary law and such other matters as may be prescribed by an Act of the National Assembly."

By section 24 of the Court of Appeal Act, cap 36, Laws of the Federation 2000, this court may extend the period within which to either appeal or file application for leave to appeal. Order 3 Rule 4(1) of the Court of Appeal Rules has similarly empowered the court of Appeal. The two legislations are for ease of refeā€¦

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login