THE COUNCIL, UNIVERSITY OF BENIN & ORS. V. MR. S. AKPABARO

AMAIZU JCA (Delivering the Lead Ruling): This is a motion on notice praying the court for the following reliefs:- “(a) Extension of time to appeal against the judgment in suit No. FHC/B/CS/134/98, dated 1/11/2002 of Honourable Justice I. N. Auta sitting at the Federal High Court of Justice, Benin Division, Edo State.

(b) Extension of time to file the notice and grounds of appeal. And for such further order or orders as this honourable court may deem fit to make in the circumstances.”

The application is brought pursuant to Order 3, rule 3(1), (2) and (3) of the Court of Appeal Rules, 1981, and section 18 of the Court of Appeal Act, Cap. 75 Laws of the Federation of Nigeria, 1990. It is supported by an affidavit of fourteen paragraphs sworn to by Miss Osarense Uwaifo, a legal practitioner in the firm of Solomon Asemota and Co. I consider the following paragraphs of the affidavit germane to the application. They are - That an application for extension of time within which to file an appe…