CHIEF JAMES EJIOGU & ANOR V. DICKSON OGBONNA & ORS

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): This is a certified copy of the proceedings of the Port-Harcourt Division of this Court where the Court on 14th September, 2004 granted the appellant leave to file their Notice of Appeal within 30 days. The notice of appeal in this appeal was filed on 15th October, 2004 while the 30 days offered by the Court expired on 14th October, 2004. The notice of appeal was clearly filed out of time and we do not have the competence to extend the time allowed by order of Court retrospectively. The notice of appeal is incompetent having been filed out of time. The appeal is hereby struck out.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I agree.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.