EMMANUEL OKAFOR BEN ABEZE CHUMA MODILI (SUBSTITUTE D F OR CHIEF AGBA UDOBI EKWE OZOR DIBIAEZUE AND AKPU OMUORAH BY ORDER OF THE COURT OF APPEAL ON 6/3/2001. FOR THEMSELVES AND ON BEHALF OF AKWA FAMILY OF IFITE DUNU) V. AUGUSTINE NWEKE OKAKA MBADUGHA ANAKOR OKAFOR (SUBSTITUTED FOR ANACHUNA OKAFOR AND OKEKE OBIEZE BY ORDER OF COURT ON 19/7/88. FOR THEMSELVES AND ON BEHALF OF THE URUOWELLE FAMILY OF UMUDIOKA) V. NWAFOR ETO VINCENT OKOTA (FOR THEMSELVES AND ON BEHALF OF THE UMUANUGWO FAMILY OF IFITE-DUNU)

ONNOGHEN JSC (Delivering the Lead Ruling): On the 19th day of December, 2005, the applicants filed a motion before this court praying for the following orders:-

“(i) An order for extension of time within which to apply for leave to (cross) appeal in this suit.

(ii) leave to (cross) appeal against the judgment of the Court of Appeal, Enugu, delivered on 25/1/01.

(iii) Extension of time within which to file the applicants’ notice and grounds in the said (cross) appeal.

(iv) An order deeming the said notice and grounds of appeal herein exhibited as properly filed and served, subject to the payment of the requisite court fees thereon.

(v) An order for leave to file and argue the grounds of mixed law and facts contained in the said notice and grounds of appeal at the hearing.”

The motion was signed by: J.H.C. Okolo SAN and Co. A Applicants’ counsel 162B Zik Avenue Uwani, Enugu. There is an affidavit of 22 paragraphs in support of the said motion to which has been exhibited a notice of (cross…