LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Extension of Time — Conditions for Grant
PRINCIPLE STATEMENT
By Order 3 Rule 4(2) of the Court of Appeal Rules, the two conditions for grant of extension of time for leave to appeal are: good and substantial reasons for failure to appeal within the prescribed period, and grounds of appeal which prima facie show good cause why the appeal should be heard.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Williams v. Mokwe & Anor (2005) NLC-1952000(SC) at p. 14; Paras D–E.
"By Order 3 Rule 4 (2) of the Court of Appeal Rules 1981 (as amended) the two conditions which must be fulfilled to justify the grant of extension of time for leave to appeal are good and substantial reasons for failure to appeal within prescribed period and grounds of appeal which prima facie show good cause why the appeal should be heard."
EXPLANATION / SCOPE
Two conditions for extension of time: (1) good and substantial reasons for delay, (2) grounds showing prima facie good cause for appeal. Both conditions must be satisfied. The principle applies to appellate practice. The rule ensures that extensions are granted only for deserving cases. The applicant bears the burden of demonstrating both conditions. The court has discretion but must consider both criteria.