CASE TITLE: ZARA v. RUWANFILI (2026) LPELR-84414(CA)
JUDGMENT DATE: 9TH JULY, 2026
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
The Application borders on extending the time within which to transmit the Record of Appeal.
FACTS:
The Appellant/Applicant’s application brought pursuant to Order 6 Rule 1 and 9(1) and Order 7 Rule 8 of the Court of Appeal Rules 2021 and under the inherent jurisdiction of this Honorable Court praying this Court for the following orders:
1. An order granting leave to the appellant/applicant to extend the time within which to transmit the record of appeal in this appeal?
2. An order deeming the record of appeal already compiled and transmitted as properly transmitted and served?
3. An order granting leave to the appellant/applicant to amend the Notice of Appeal in terms of the proposed amended Notice of Appeal attached?
4. An order deeming the amended Notice of Appeal as properly filed and served upon payment of the necessary fees?
5. Any further order or other orders as this Honorable Court may deem fit to make in the circumstances?
ISSUES FOR DETERMINATION:
The Court of Appeal formulated a sole issue for determination and it goes thus:
“Whether the Court can exercise its discretion to grant the reliefs sought in the Appellant/Applicant’s application?”
DECISION/HELD:
The Application was granted.
RATIOS:
- APPEAL- NOTICE(S) OF APPEAL: How to challenge the competence of a notice of appeal
- COURT- DUTY OF COURT: Duty of a court of appeal to consider the merits of an appeal
- EVIDENCE- AFFIDAVIT EVIDENCE: Whether affidavit can contain legal argument and/or conclusion
- JURISDICTION- INHERENT JURISDICTION: Whether the court has an inherent jurisdiction to grant consequential orders
- PRACTICE AND PROCEDURE- AMENDMENT OF COURT PROCESSES/PLEADINGS: Circumstances under which Court may grant an application for amendment of a misnomer
- PRACTICE AND PROCEDURE- MISTAKE OF COUNSEL/COURT/REGISTRY: Whether a litigant can be punished for the mistake of his counsel; condition(s) to be satisfied before mistake of counsel can avail a litigant
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