AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE (2)

IN THE SUPREME COURT OF NIGERIA

HOLDEN AT ABUJA

APPEAL NO:…………………

MOTION NO:………………

BETWEEN

ABC ………………………………………………………………APPELLANT/APPLICANT

AND

EFG

IJKL……………………………………………………… RESPONDENTS/RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE

I, Kunle Adele, Male, Adult, Christian and a Legal Practitioner of Ade & Co. No 44, Akin Street,Garki, Abuja do hereby make an oath and say as follows:

• I am a Counsel in the Law Firm of Ade & Co., which is handling this case for the appellant by virtue of which I am conversant with the facts herein deposed to.
• I have the leave, authority and consent of the applicant and that of my employers to swear to this affidavit.
• Judgment in this case with suit No: CA/888/0884/02 was delivered by the Justices of the Court of Appeal sitting in Ibadan on the 13th day of December, 2006 against the Appellant/Applicant.
• The Applicant communicated the decision of the Honourable Court to our office vide a letter dated 30th January, 2007 with reference No: N00/009/0107.
• The applicant was out of time in filing its notice of appeal as required by the Rules of this Court due to intervening factors not within their control.
• Consequent upon the lapse of time, the applicant, through their counsel filed a motion on notice for extension of time and leave of the Honorable court to file a notice of appeal in this suit.
• The said motion was filed in the Supreme Court Registry on the 19th day of July 2007.
• The court heard the application on 22nd November 2007, granted the reliefs sought and extended the time by 60 days for the applicant to file their notice of appeal. A copy of the ruling granting the extension is hereby annexed as EXHIBIT A.
• EXHIBIT A was signed by the Registrar of the court, OLABODE DEDE on the 3rd day of January 2008, a period of about 42 days after the order was granted leaving only 18 days to the expiration of the time.
• The order was dispatched to our Ibadan office far outside the 60 days granted by the court. The order was received via post on the 18th day of March 2008
• On the receipt of the order, I personally complained to the Registry of the Supreme Court where the inordinate delay in delivery of the order was confirmed to be purely administrative.
• The remote cause of the delay was also attributed to the general problem of inefficiency associated with postal services in Nigeria.
• The applicant recently appointed a new Director for their legal services.
• That it is the director for legal services that is responsible for the signing of the court processes prepared by the applicants
• The new director for legal services could not sign the notice of appeal within the time limit due to the workload
• The delay in filing the notice of appeal as ordered by the court was not deliberate but informed by the afore-stated reasons which are completely outside the contemplation of the applicant or their counsel.
• The judgment of the Court of Appeal appealed against is hereby annexed to this affidavit and marked as EXHIBIT B.
• The Notice and Grounds of Appeal which is ready for filing is herewith annexed and marked as EXHIBIT C.
• The Notice and Grounds of Appeal disclose triable, cogent and substantial issues of law to be determined by this Court.
• The leave of this Honourable Court is further required to enable the Applicant file his appeal out of time, the time granted having elapsed.
• The interest of justice tilts heavily in favour of the grant of this application.
• The respondent would not in any way be prejudiced by the grant of this application.
• I swear to this affidavit in good faith and conscientiously believing the contents to be true and correct by virtue of Oaths Act.

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