PETER ADEBOYE ODOFIN & ANOR V. CHIEF AGU & ANOR.

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This Judgment is based on the fundamental issue of the jurisdiction of the Court of Appeal to hear and determine the appeal. The issue of the competence of the Court of Appeal to hear the appeal is the subject matter of the first ground of appeal. It is also the first issue for determination arising from the grounds of appeal. The issue of jurisdiction is fundamental to the question of the competence of the Court adjudicating - See Kalio v. Daniel-Kalio (1975) 2 SC.15. Hence it is crucial for any Court adjudicating first to determine the issue. See Barclays Bank v. Central Bank (1976) 6 SC.175. It is therefore necessary in this appeal where the issue has been raised, to consider the competence of the Court of Appeal raised in the first issue for determination.

The question is as follows-

"(a) Whether where an intending appellant is out of time to file his notice of appeal and does not apply for an extension of time to appea…