BEST LAW REPORT SUBSCRIPTION PRICE!!

  • University of Ilorin vs. Fagbemi
  • 251
  • 2005-03-21
  • ₦ 200
  • Buy Now

University of Ilorin vs. Fagbemi

UNIVERSITY OF ILORIN

THE GOVERNING COUNCIL UNILORIN

V. C. UNILORIN

REGISTRAR UNILORIN

V

DR. TAI FAGBEMI

COURT OF APPEAL

( ILORIN DIVISION )

ABOYI J. IKONGBEH JCA (Presided and Read the Lead Judgment)

WALTER SAMUEL NKANU ONNOGHEN JCA

JA’AFARU MIKA’ILU JCA

CA/IL/M.46/03

MONDAY, 21ST JUNE, 2004

APPEAL - Filing of - Need to file timeously

APPEAL  Application for extension of time within which to appeal When court will exercise discretion to grant

APPEAL - Application for extension of time - Need to disclose good and satisfactory reasons before grant - Effect of failure to disclose

CONSTITUTIONAL LAW - Constitution, 1999, section 258(1) - Purport of

COURT - Application for extension of time within which to appeal When court will exercise discretion to grant

STATUTE - Constitution 1999, section 258(1) - Provision of in respect of delivery of copies of judgments duly authenticated by court within 7 days of delivery of judgment - Purport of

Issue:

Whether the applicants in the circumstance of this case have given a good and substantial reason to grant the application for extension of time to appeal.

Facts:

The applicants sought extension of time within which to appeal against the judgment of the Federal High Court sitting at Ilorin. The judgment was delivered on 25th of July, 2003. The application for extension of time was filed in the registry of the Court of Appeal on 20th February, 2004, seven months, one day after the judgment. The main reason given by the applicants in their affidavit in support for failing to appeal within the three months constitutionally prescribed period was their inability to obtain a copy of the judgment as it was not typed for the Judge’s signature to be put on it.

The respondent in his counter-affidavit rebutted the reasons and stated that the judgment was ready for collection within the prescribed period. No further affidavit was filed by the applicants to counter the averments in the counter-affidavit.