AYOBODE OLUJIMI LOKULO SODIPE, J.C.A. (Delivering the Leading Judgment): In the motion on notice dated 11th November, 2008 and filed on 12th November, 2008, before this Court, the Defendant/Appellant (who will hereinafter simply be referred to as "the Applicant") seeks for:-
"An Order of the Honourable Court extending the time within which the Appellant/Applicant can file their Notice of Appeal, the time allowed by the Rules of court having expired."
Given the disposition of the Respondent to oppose the motion, the Court ordered that parties should file written submissions. Parties duly complied.
They filed and exchanged written submissions in respect of the motion. C. Odili Achilike Esq. settled the Applicant's written address dated 24th March, 2009 and filed on 26th March, 2009 in support of the instant motion. Respondent's written address in opposition to the motion dated 2/4/2009 and filed on the same day was settled by Akpama Ekwe Esq.
The motion was moved on 29/9/2009. In doing…