APPELLATE PRACTICE — Extension of Time to Appeal — Conjunctive Requirements — Good and Substantial Reasons and Good Grounds of Appeal Must Co-exist
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in Minister of Petroleum And Mineral Resources & Anor v. Expo-Shipping Line (Nig.) Ltd. (2010) NLC-123-1-2003(SC) at p. 5, paras. D–E:
"One inevitable corollary of the said Rule is that such applications as the instant one cannot be granted as a matter of course; meaning that in any event it is required that the two pre-conditions as outlined above must co-exist before a court may exercise its discretion in such matters."
Explanation / Scope
This principle establishes that an application for extension of time to appeal cannot be granted as a matter of course; the two pre-conditions—good and substantial reasons for the delay and grounds of appeal that prima facie show good cause—must co-exist. The principle applies where extension of time is sought. It ensures that applicants meet both requirements. The principle reflects the conjunctive nature of the requirements. It prevents grant without proper justification. The court must require both conditions. The principle provides guidance on extension of time applications.