Before Their Lordships
Chidi Nwaoma Uwa - Justice of the Court of Appeal
Bitrus Gyarazama Sanga - Justice of the Court of Appeal
Jamilu Yammama Tukur - Justice of the Court of Appeal
Between
ABDULRASAK GIDADO - APPELANT
And
AUDU DANKEMBU - RESPONDENT
CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Ruling): In the application led on 11/11/2020 the applicant pursuant to Order 6, Rules 1 and 7 of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Court sought the following reliefs:
1. "AN ORDER OF THIS HONOURABLE COURT enlarging time for the Applicant to appeal against the decision of the High Court of Justice, Adamawa State contained in the judgment of Hon. Justice Ambrose D. Mamadi delivered on the 19th of October, 2017 in the case of Abdulrazaq Gidado v. Audu Dankembu with Suit No. ADSY/69/2010.
2. Any order or orders as the Honourable Court may deem t to make in the circumstances."
The grounds upon which the application was brought were as follows:
1. "The judgment of the trial Court was delivered on the 19th of October, 2017 in the case of Abdulrazaq Gidado v. Audu Dankembu with Suit No. ADSY/69/2010.
2. The Applicant could not le his notice of appeal against the judgment within the time prescribed by the law.
3. The Applicant being dissatisfied with the judgment of the lower Court instructed his solicitors to le appeal against same immediately.
4. On the 23rd of November, 2017, the Applicant's solicitors led a Notice of Appeal against the judgment as instructed.
5. The record of proceedings of the lower Court was compiled and transmitted to this Court by the registry of the lower Court with all the necessary documents in respect of the appeal.
6. On the 26th of June, 2018, when the appeal came up for hearing of the motion, it was discovered by this Court that the date on the judgment appealed against as indicated in the judgment was on the 19th of October, 2017.
7. The date indicated in the Appellant's notice of appeal that the judgment was delivered is 18th of June, 2017 instead of 19th June, 2018.
