APPEAL – EXTENSION/ENLARGEMENT OF TIME TO APPEAL – Principles guiding the grant of an application for extension of time within which to appeal

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“I cannot dissent to the exercise of jurisdiction by my learned brother in granting extension of time to the Appellant/Applicant since the grant or refusal of this application is within the discretionary powers of this Court. It is the law that this discretionary power must not only be exercised judicially but must be exercised judiciously also. An application for extension of time to file a brief of argument is not granted as a matter of course. An Applicant who desires that the Court’s discretion be exercised in his favour in an application for extension of time must give good reasons and place sufficient materials before the Court in order to earn the discretion of the Court in his favour. See Per GALUMJE, JSC in ADEGBOLA & ORS V. IDOWU & ORS (2017) LPELR-42105 (SC). For this Court and indeed any appellate Court to grant such prayer, the Applicant must establish good, substantial or exceptional reasons or circumstances explaining satisfactorily, the delay in filing his brief as would justify the grant of such extension of time applied for.” per AJI, J.S.C. in FIRST BANK OF NIGERIA PLC v. CHIEF ISAAC OSARO & ORS (2020-LCER-39156-SC) at p. 21- p. 22

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