LEGAL PRINCIPLE: APPELLATE PRACTICE – Extension of Time to Appeal – Delay in Obtaining Certified Copy of Judgment
PRINCIPLE STATEMENT
The time for giving notice of appeal will not be extended merely because there was delay in obtaining a certified copy of the judgment. An appellant should be able to frame grounds of appeal without a certified copy and obtain leave to amend later.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Federal Housing Authority v. Abosede (1998) NLC-1611990(SC) at p. 11; Paras D–E.
"In the second place, it seems to me established that the time for giving notice of appeal will not be extended merely because there was delay in obtaining a copy of the judgment or ruling sought to be appealed against. This is because an appellant or his legal representative ought to be in a position to frame grounds of appeal he conceives are available to him within the time prescribed by law without a certified true copy of the judgment appealed against and to obtain leave subsequently to file additional or amended grounds of appeal after his receipt of a certified true copy of the judgment in question."
EXPLANATION / SCOPE
Delay in obtaining certified copy is not a ground for extension. The appellant should file grounds without it and amend later. The principle applies to all appeals. The rule prevents abuse. The appellant must act promptly. The court will not excuse delay. The principle promotes efficiency.