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P.W. Resources Ltd v. Wiche

P.W. RESOURCES LIMITED

V

  1. CHIEF WASURUM WICHE
  2. INNOCENT WICHE
  3. ANYASOR WICHE

( For themselves and as representing Wiche Okocha family of

Rumuolumeni Obio/Akpor Local Government Area of Rivers State)

COURT OF APPEAL

(PORT HARCOURT DIVISION)

M. LADAN. TSAMIYA JCA (Presided and  Read the lead Ruling)

EJEMBI EKO JCA

S. JONAH ADAH JCA

CA/PH/256M/2011

WEDNESDAY, 23 JANUARY 2013

APPEAL - Enlargement of time to appeal - Application for - Discretionary power of court therein

APPEAL - Enlargement of time to appeal - Party seeking - What must prove to succeed

APPEAL - Rules of court relating to time to appeal - How construed

LIMITATION LAW - Time limitation in statutes - Rationale for

PRACTICE AND PROCEDURE - Rules of court relating to time to appeal -  How construed

Issue:

Whether the court ought to or should visit the applicant with punishment or blame attributable to incompetence of his counsel who filed the notice and grounds of appeal without his name and signature on it.

Facts:

The applicant’s notice of appeal against the judgment of the High Court of Rivers State in suit No. PHC/1807/2000 was signed by a firm of solicitors and not a registered Legal Practitioner as stiputated by the rules, making it defective. The court accordingly struck out the notice of appeal for being defective in November 2007.

The applicant filed an application for enlargement of time within which to appeal against the judgment in June 2011. In determining this appeal, reference was made to the provisions of Order 7 rule 10(2) of the Court of Appeal Rules 2011 which provides thus:

(2) Every application for an enlargement of time within which to appeal, shall be supported by an affidavit setting forth good and substantial reasons for failure to appeal within the prescribed period, and by grounds of appeal which prima facie show good cause why it should be heard. When time is enlarged a copy of the order granting such shall be annexed to the notice of appeal.