M. DATTIJO MUHAMMAD, (OFR) J.C.A. (Delivering the Lead Ruling): By its motion on notice filed on 8th November, 2007 the Applicant seeks the orders of this court extending the time within which it applies for leave to appeal against the ruling of the High Court of Justice Rivers State dated 13th day of June, 2006 in Suit No PHC/439/2004, leave to appeal against the ruling as well as for an order extending time within which to file its Notice and grounds of appeal against the very order. The Applicant, finally seeks leave of this court to raise a fresh issue of law on jurisdiction by the first of its proposed grounds of appeal as contented in Exhibit E annexed to the instant application.
The Application which is pursuant to order 7 rule 10 (1) and, (2) of the Court of Appeal Rules 2007 and Section 25 of the Court of Appeal Act is supported by a ten paragraph affidavit and a nineteen paragraph further affidavit. The Respondent has filed an eight paragraph counter-affidavit in opposition …