LEGAL PRINCIPLE: APPELLATE PRACTICE — Extension of Time — Gambling on Outcome of Another Appeal Not a Good Reason for Delay
PRINCIPLE STATEMENT
Waiting for the outcome of another appeal in the hope that it would succeed is like taking a gamble and shows neither diligence nor competence; it is not a good reason for delay in filing an appeal.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Kotoye v. Saraki & Anor (1995) NLC-2121994(SC) at pp. 7–8; Paras. E–A.
"The only reason given, by the defendant/applicant, in this application is that learned counsel for the applicant... had reasonable expectation that the appeal in that case to this court would succeed. This to me is like taking a gamble. With respect, it shows neither diligence nor competence..."
EXPLANATION / SCOPE
Gambling on the outcome of another appeal is not a good reason for delay. The applicant must act diligently. The principle applies to all applications for extension of time. The court will not reward speculative delay. The applicant must show a genuine reason for the delay. The rule promotes timely filing of appeals. The applicant cannot rely on uncertain future events. The court will examine the reasonableness of the explanation.