MR. CHIGOZIE JOSEPH OGOKE ONUKAGHA & ANOR V. EMEZIE OKOROAFOR & ORS

ITA GEORGE MBABA, J.C.A.(Delivering the Lead Ruling): Applicants filed this Motion on 12/10/16, seeking an Order of this Court for enlargement of time within which to seek leave to appeal against the decision of the Imo State High Court in Suit No. HOW/229/2009, delivered on 30/10/2009 by Hon. Justice C.I. Durueke, and for leave to appeal, as interested parties, against that decision, and extension of time to do so. The application was founded on three main grounds, namely:

(1) The judgment sought to be overturned was delivered without jurisdiction

(2) The Counsel hitherto engaged to handle the appeal was down with leukemia that led to his death

(3) The appeal has very healthy chances of succeeding.

The Application was supported by an affidavit of 10 paragraphs, deposed to by Barr. Gloria Ifeoma Ukaegbu, a legal practitioner in the law firm A.N.N. of Williams and Co., Counsel for the Applicants, with 11 Exhibits attached. The Applicants deposed to another affidavit of facts on 7/02/17 cal…