ALHAJI OSENI BALOGUN & ORS V. ALHAJI SHITTU BALOGUN

MOHAMMED LADAN TSAMIYA, JCA (Delivering the Lead Ruling): This is an application for:-

(1) Extension of time within which to seek, leave to appeal

(2) Leave to appeal, and

(3) Extension of time within which to file Notice and Grounds of Appeal;

against the ruling of the Kwara State High Court (trial Court) delivered on 23/4/2014 in Suit KWS/OF/20/2008. This application was dated 26/6/2014, and filed on 1/7/2014. Thus this application was filed about 68 days after the ruling. The question is whether the application has disclosed good and substantial reasons for this delay of 68 days before bringing the application.

The application is supported by a 13 paragraph affidavit and 3 Annexures marked Exhibits A - C. Exhibit A is the letter dated 30/4/2014 applying for the ruling, while Exhibit B and C are the motions filed in the trial Court asking for extension of time to appeal and the proposed Notice of Appeal. The respondent also filed its counter affidavit opposing the application.

The a…