APPELLATE PRACTICE — Extension of Time to Appeal — Failure to Obtain Certified Copy of Judgment — Whether Good and Substantial Reason
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. 12, paras. D–E:
"Failure to obtain a copy of the judgment or record of proceedings is not a good and substantial reason under Order 3 Rule 4(2) of the Court of Appeal Rules 2002 as would otherwise explain away the inordinate delay as in this case."
Explanation / Scope
This principle establishes that failure to obtain a copy of the judgment or record of proceedings is not a good and substantial reason to excuse delay in filing an appeal. The principle applies in applications for extension of time to appeal. It ensures that applicants provide adequate reasons for delay. The principle reflects that the inability to obtain records is insufficient excuse. It prevents applicants from relying on weak excuses. The court must assess the sufficiency of the reasons. The principle provides guidance on what constitutes good and substantial reason.