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Today, while observing proceedings at the Rivers State High Court, I observed a peculiar scenario. Although this scenario was not new to Law, it was however my first time of hearing about it. It involved motion for extension of time.

A motion for extension of time was brought before the court by the Appellant Counsel . Counsel prayed the Court to be granted an extension of time, within which to file his notice of appeal, after already filing the Notice of Appeal out of time. This motion was strongly objected to by the Respondent counsel who stated that, whereas, by the rules of the court, it was within the discretion of the court to grant extention of time as many times as it deems fit, the court should not grant such motion in this instance as such a process was already defective. Respondent Counsel further argued that the Notice of Appeal was the foundation of why parties were in court, and if such is defective, then the entire suit itself was defective. He concluded by citing the learned Lord Denning MR. In Macfoy v. UAC, that you cannot put something on nothing and expect it to stand.

This raised the question of whether the court can grant extention of time for a party to file an Originating Process (in this case, the Notice of Appeal).

The Law, as held by the Supreme Court in Incar Nigeria Plc v Bolex Enterprises Nig. Ltd (2001) 12 NWLR (Pt. 728) 646, was that: "A notice of appeal filed out of time will require a prayer for enlargement of time within which to file such notice of appeal. It is only after that prayer is granted that the Court may deem the notice of appeal already filed as duly and properly filed."

The above position was cited by Appellant Counsel to be an approval of the such a situation where an originating process was filed out of time.

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Bad Character does not only serve you breakfast 💔, e fit put you for prison too.