<p><strong> AKAAHS, JCA (Delivering the Lead Judgment): </strong> The defendants/</p><p>Applicants brought this application by motion on notice pursuant to Order 3 rule (1) and (2), Court of Appeal Rules, 1981 and Section 25(4) of the Court of Appeal Act, praying this court for an order:-</p><p>“Granting the defendants/applicants an extension of time within which to appeal against the judgment of the lower court, dated 28th June, 1996.”</p><p>The application is supported with a 29-paragraph affidavit to which is annexed the writ of summons on the undefended list in suit No. AK/108/ 90, which is marked Exhibit “A” and the proceedings in the High Court of Justice of Ondo State, holden at Akure, on 26th day of June, 1996, before Hon. Justice G. O. Olateru-Olagbegi, marked Exhibit B. Other documents not relevant to this application are also attached to the application, while a further affidavit containing 6-paragraphs attaching a ruling, dated 28th day of April, 1999 (marked Exhibit “G”) and sworn to by one Adebayo Ojo was also …</p>