LEGAL PRINCIPLE: APPELLATE PRACTICE – Extension of Time to Appeal – Conditions for Grant
PRINCIPLE STATEMENT
An applicant must show by affidavit evidence good and substantial reasons for failure to appeal within time, and that his grounds of appeal prima facie show good cause why the appeal should be heard. The court must be satisfied on both requirements.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Federal Housing Authority v. Abosede (1998) NLC-1611990(SC) at p. 6; Paras B–D.
"An applicant must therefore, show by affidavit evidence that he has good and substantial reasons for failure to appeal within time and that his grounds of appeal prima facie show good cause why the appeal should be heard. The court entertaining the application must be satisfied on these two requirements before granting the application."
EXPLANATION / SCOPE
Extension of time requires two conditions: good reason for delay and prima facie good grounds of appeal. The applicant must satisfy both. The principle applies to all appeals. The court has discretion. The rule prevents abuse. The applicant must provide evidence. The court will examine the grounds.