Exp. 1

Exp. 1

1

The application dated and filed on 16.02.16 is for an enlargement of time to appeal against the judgment of the Federal High Court Lagos (the Court below) delivered on 31.03.14. The affidavit in support of the application summed up the reason for the delay in filing the appeal within time in Paragraph 17 of the supporting affidavit thus –

“That Applicants’ inability to file their notice of appeal within the period prescribed by the Rules of this Honourable Court stemmed from the difficulties encountered by Applicants’ former Solicitor in obtaining Certified True Copies of the judgment and proceedings of the Trial Court for purposes of compilation of records of Appeal.”

2

The “difficulties” mentioned in Paragraph 17 of the supporting affidavit were deposed in Paragraph 4 (xi) (xii) and (xiii) of the supporting affidavit thus –

“4 (xi) That he promptly Applied for Certified True Copies of proceedings of the Trial Court and the Judgment sought to be appealed.

(xii) That he could not obtain the said Certified True Copies because the Trial Judge kept the case file in his chambers for over 90 days after delivering the judgment.

3

“4 (xi) That he promptly Applied for Certified True Copies of proceedings of the Trial Court and the Judgment sought to be appealed.

(xii) That he could not obtain the said Certified True Copies because the Trial Judge kept the case file in his chambers for over 90 days after delivering the judgment.

(xiii) That on account of the facts stated in Paragraph (4 (xii)) above, he was unable to obtain the needed Certified True Copies of the Judgment and proceeding of the Trial Court, for purposes of compilation of record of Appeal.”