OLUMBA v NJOKU

OLUMBA v NJOKU


IN THE COURT OF APPEAL
IN THE OWERRI JUDICIAL DIVISION
HOLDEN AT OWERRI

ON TUESDAY, 9TH MAY 2017


Appeal No: CA/OW/124M/2016(R)
CITATION:

Before Their Lordships:

RAPHAEL CHIKWE AGBO, JCA

MASSOUD ABDULRAHMAN OREDOLA, JCA

AYOBODE OLUJIMI LOKULO-SODIPE, JCA


BETWEEN

FELIX OLUMBA

(APPLICANT)

AND

EMMANUEL NJOKU

(RESPONDENT)


PRONOUNCEMENTS


LEAD RULING DELIVERED BY AGBO JCA


Mr. Amadi: – Moves his motion filed on 26-5-16 seeking extension of time to appeal against the judgment of the High Court of Imo State delivered on 11-3-14. Relies on all the paragraphs of the affidavit in support. Says on delivery of the judgment instead of appealing he opted to approach the trial Court to set aside the judgment and relist the suit for hearing. That on 21st April 2010 the ruling was delivered dismissing his application and that he has now appealed to this Court against that ruling. Prays the Court to grant his application.

RULING

The applicant elected instead of appealing against the dismissal of his suit, to ask the Court to set aside its judgment and relist the suit. He is still pursuing that option. He cannot at the same time pursue an appeal against the dismissal of the suit. The application for extension of time to appeal is hereby refused.

OREDOLA, JCA

I agree

LOKULO-SODIPE, JCA

I agree