TSAMIYA JCA: (Delivering the Lead Ruling): The applicants herein appealed against the judgment of the Bayelsa State High Court in suit No. YHC/190/2010, in which the respondent as plaintiff got judgment in his favour wherein the applicant felt aggrieved. They consequently filed a notice and grounds of appeal, containing 5 grounds of appeal (see page 398 - 401of the records) within time. On 1 April 2011, the applicants filed their application under consideration seeking the following orders:
An order, extending the time within which the appellant/ applicants may seek leave to raise fresh issues/argument on appeal that are contrary to their position at the lower court. An order for leave to raise fresh issues/argument that are contrary to theappellants’ position at the lower court. 3. An order for leave to amend the notice of appeal by appeal as per exhibit ‘C’ attached. 4. An order, deeming the amended notice of appeal, exhibit ‘D’ thereto as properly filed and served, the necessary f…