APPELLATE PRACTICE — Extension of Time to Appeal — Good and Substantial Reasons — Requirements for Grant of Application
Principle Statement
Order 2 Rule 31 of the Supreme Court Rules provides for enlargement of time to appeal or/and to seek leave to appeal. The important factors to be taken into consideration before granting or refusing an application for extension of time within which to appeal are: (a) Good and substantial reasons for failure to appeal within the prescribed period; and (b) Grounds of appeal which prima facie show good cause why the appeal should be heard. An applicant must show by affidavit evidence good and substantial reasons for failure to appeal within the prescribed period and the proposed Notice of Appeal must contain grounds of appeal which prima facie show good cause why the appeal should be heard. An applicant need not show that his grounds of appeal must succeed on appeal. He is only to show that they are arguable. Both factors (a) and (b) above must co-exist for the application to succeed.
Ratio Decidendi (Source)
Per Rhodes-Vivour, JSC, in Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC) at pp. 7–8; Paras A–D.
"Order 2 Rule 31 of the Supreme Court Rules provides for enlargement of time to appeal or/and to seek leave to appeal. The important factors to be taken into consideration before granting or refusing an application for extension of time within which to appeal are: (a) Good and substantial reasons for failure to appeal within the prescribed period; and (b) Grounds of appeal which prima facie show good cause why the appeal should be heard. An applicant must show by affidavit evidence good and substantial reasons for failure to appeal within the prescribed period and the proposed Notice of Appeal must contain grounds of appeal which prima facie show good cause why the appeal should be heard. An applicant need not show that his grounds of appeal must succeed on appeal. He is only to show that they are arguable. Both factors (a) and (b) above must co-exist for the application to succeed."
Explanation / Scope
This principle establishes the two requirements for extension of time to appeal: good and substantial reasons for delay, and grounds that prima facie show good cause. Both must co-exist. The applicant need only show grounds are arguable, not that they must succeed. The principle applies where extension of time is sought. It ensures that applicants meet the requirements. The principle reflects the need for both elements. It prevents grant without proper reasons. The court must consider both factors. The principle provides guidance on the requirements for extension of time.
