BENEDICT IDAHOSA V. DOMINIC AGUPUGO

AUGIE JCA (Delivering the Lead Ruling): The applicant is praying this court for an enlargement of time within which to apply for leave to appeal; leave to appeal; and an enlargement of time within which to appeal against the ruling/decision of Honourable Justice M. Oyana of the High Court of Justice No. 5, Benin City, Edo State delivered on the 21st of December, 2003 in suit No. B/150/86: Agupugo v. Idahosa. The grounds for the reliefs sought in the application are as follows -

(a) The applicant requires leave to appeal against the ruling/ decision of the High Court of Justice No. 5, Benin City, Edo State delivered on 2/12/2003.

(b) The time within which to seek the leave and to appeal against the said ruling/decision has expired.

The application brought pursuant to section 25(4) of the Court of Appeal Act, 1976; Order 3, rule 4 of the Court of Appeal Rules, 2002; section 242(1) of the Constitution of the Federal Republic of Nigeria, 1999; and under the inherent jurisdiction of this c…