PROFESSOR DUPE OLATUBOSUN V. TEXACO NIGERIA PLC & ANOR

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): This interlocutory appeal is against the Ruling of the Court of Appeal Ibadan delivered on 9th July, 2003 dismissing the Appellant/Applicant's application for extension of time to perfect the conditions of appeal imposed by the trial High court on the Appellant who was also the Appellant/Applicant in the Court of Appeal. Dissatisfied with that decision, the Appellant is now on a further appeal to this court on three grounds of appeal contained in his Notice of Appeal filed on 23rd July, 2003 from which the following issues were distilled in the Appellant's brief of argument. The issues framed in the alternative are:-

"i. Whether the Appellant who is seeking extension of time to perfect the conditions of appeal imposed by the High Court is required under the Court Rules to exhibit the Notice of Appeal to his application.

OR

Whether the failure of the Appellant to exhibit his Notice of Appeal to his application for extension of …