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UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Lead Ruling): The Ruling is on the application for an extension of time within which the Defendant at the trial Court may appeal against the judgment of D. D. Longi, J. of the High Court of Plateau State delivered on 7th December, 2015, in Suit NO: PLD/J40/2011.
The Applicant had three prayers in the main on the face of the motion paper but before the application was taken, he sought for and was granted leave to withdraw prayers 2 and 3 without objection. The motion was therefore moved on the sole remaining prayer.
The motion on notice brought by the Applicant has 14 Grounds for the Application. The Grounds in the main are that; neither the Applicant nor his counsel was present in the Court on 7th December, 2015 when the judgment sought to be appealed against was delivered because they were not served with hearing notice. It was only sometime in May, 2016 when the writ of possession was served on the Applicant that they got to know that judgm…