APPELLATE PRACTICE — Extension of Time to Appeal — Nature of Grounds of Appeal — When Trinity Prayers Required
Ratio Decidendi
Per Onnoghen, JSC (dissenting), in Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC) at pp. 12–13; Paras D–A:
"Where the grounds of appeal are of fact or mixed law and fact, the applicant must seek the three prayers [extension of time within which to seek leave to appeal, leave to appeal, and extension of time within which to file notice of appeal]. Where, however, the grounds of appeal are of law alone, then only a prayer for extension of time within which to appeal is needed."
Explanation / Scope
This principle establishes that the requirement for trinity prayers depends on the nature of the grounds of appeal. Where grounds are of fact or mixed law and fact, the applicant must seek: (1) extension of time to seek leave to appeal; (2) leave to appeal; and (3) extension of time to appeal. Where grounds are of law alone, only extension of time to appeal is needed. The principle applies where a party is out of time to appeal. It ensures that the correct procedure is followed. The principle reflects the distinction between appe