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AUGIE JSC (Delivering the Lead Ruling): The applicants are praying this court for extension of time to seek leave to appeal against the judgment of the court below, delivered in Calabar on 4 July 2013 in appeal No. CA/C/97/2012.
They also prayed for leave to appeal; extension of time within which to file their notice and grounds of appeal; and leave to appeal on grounds of mixed laws and facts. Prayers 5-7 are for deeming orders. The grounds for the application are that:
i. They filed an application before the lower court on 11 September 2013 for leave to appeal on grounds of mixed law and fact timeously but unfortunately the lower court could not hear the application until the time allowed to appeal expired on 5 October 2013 and the motion was withdrawn and struck out.
ii. However, on sensing that time was running out, they filed a notice and grounds of appeal on 3 October 2013, believing that ground 1 in the said notice of appeal is ground of law not requiring leave of court so as to…