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MR. BLESSING ODOCHA v. ENGINEER (CHIEF) EBERE I. UDEAGU

(2017) LPELR-43287(CA)

In The Court of Appeal of Nigeria

On Friday, the 3rd day of November, 2017

CA/OW/245M/2017(R)


Before Their Lordships

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

MR. BLESSING ODOCHA - Appellant(s)

AND

ENGINEER (CHIEF) EBERE I. UDEAGU - Respondent(s)


Summary

INTRODUCTION:
This is a ruling on an application for extension of time to seek leave to appeal.
FACTS:
This is the ruling on the Motion on Notice filed by the Appellant/Applicant seeking for the following orders.
1. An Order of this Honourable Court extending time within which the Applicant may seek leave to appeal against the ruling of the High Court, Imo State in Suit No: HOW/736/2011 (Coram: Nnadi, P.O. Chief Judge) delivered on 27 March, 2017 refusing and dismissing the Motion on Notice dated 13th March, 2017 but filed on 15th March, 2017 seeking the transfer of Suit No: HOW/736/2011 to any other High Court sitting in Owerri or Imo State in the interest of justice and fairness.
2. Leave of the Honourable Court to Appeal against the Ruling delivered on 27th March, 2017 refusing and dismissing the Motion on Notice dated 13th March, 2017 but filed on 15th March, 2017 seeking the transfer of Suit No: HOW/736/2011 TO ANY OTHER High Court sitting in Owerri or Imo State in the interest of justice and fairness.
3. An Order of this Honourable Court extending the time within which the Applicant may file his Notice of Appeal, annexed as Exhibit NAC 1, against the Ruling of the High Court 1, Imo State delivered on 27th March, 2017 refusing and dismissing the Motion on Notice dated 13th March, 2017 but filed on 15th march, 2017 seeking the transfer of suit No: HOW/736/2011 to any other High Court sitting in Owerri or Imo State in the interest of justice and fairness.
4. An Order of Court for stay of proceedings in Suit No: HOW/736/2011 pending the determination of the application for leave to appeal.

???The grounds for the reliefs sought as per the motion paper were:
1. Sequel to the Ruling on 27th March, 2017 of the High Court 1, Imo State, the Applicant being dissatisfied therewith, filed Motion on Notice for leave to appeal against the said Ruling on 3rd April, 2017 but the motion has not been heard as at the time of filing this application in this Court.
2. On 3rd July, 2017 when the application came up for hearing at the Court of Appeal, the Notice of Appeal annexed to Motion dated May, 2017 for leave to appeal the ruling of 27th March, 2017 was struck out because it was not signed by the Legal practitioner that prepared it.
3. The period for the notice of application for leave to appeal which is fourteen days as in this has since expired.
4. That the Notice and Grounds of Appeal raises a prima facie good and arguable Grounds of Appeal.
5. That the Notice of Appeal shows a substantial case on the merit and a point of law involved for determination by the Court

ISSUES:
The Court of Appeal determined the application on its merit.

DECISION/HELD:
On the whole, the Court of Appeal held that the application lacked merit and it was accordingly dismissed.


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