HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): By a motion on notice dated and filed 15th April, 2009, the applicant has sought for an order extending the time within which he may appeal against the judgment of the High Court of Lagos State per Alogba, J delivered on the 26th June, 2008.
The application is supported by an affidavit of fifteen paragraphs of each date, and some Exhibits including certified copies of (1) the judgment sought to be appealed against as Exhibit A, (2) the proposed Notice of Appeal as Exhibit D.
An application for extension of time to appeal is regulated by the clear provision of order 7 rule 10(2) of the Court of Appeal Rules 2007, which provides thus:-
"Every application for an enlargement of time within which to appeal, shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why the appeal should be heard. When ti…