EDET OBOT NYAH V. UDO OKON NOAH

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This case originated as suit No: 22/75 in the Abak District Court in which the respondent (as plaintiff) sued the appellant (as defendant) for declaration of title to a piece of land called Ekpene Edeng situated at Ikot Oku Ubara-Ediene Abak and injunction.

The District Court entered judgment against the appellant on 18/3/76. Though the appellant appealed within time he did not file his grounds of appeal until 9/2/88 when he brought a motion on notice for extension of time to file his grounds of appeal. It is a common ground that the appellant paid his appeal fees on 25/3/76 and the question whether or not any ground of appeal was filed earlier is better left alone as it was not raised before any of the courts below and it was not raised before the court. The motion on notice for extension of time to file grounds of appeal was supported by a 13-paragraph affidavit in which the reasons for delay in filing the ground of …