Judgment
KENNETH IKECHUKWU AMADI, J.C.A. (Delivering the Leading Judgement): By motion on Notice dated the 28th November, 2021 but filed on 13th December, 2021, the 1st and 2nd Applicants who were the 1st and 2nd defendants in suit NO KWS/19/2015 brought this application for the following prayers: 1. LEAVE of this Honourable Court granting extension of time to Appellant/Applicant to compile and transmit record of Appeal in this Appeal to this Honourable Court. 2. AN ORDER of this Honourable Court deeming the already compiled and transmitted record of Appeal as properly compiled and transmitted. 3.
AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this application. The grounds upon which this application is brought are as follows:- i. The judgment in this case was delivered by the trial Court on the 9th day of June, 2015 against the Appellants/ Applicants. ii. The Appellants/ Applicants filed Notice of appeal against the said judgment on the 14th day of June 2015. iii.
The record of Appeal could not be transmitted within time due-to the illness of the 2nd Appellant/Applicant, the main Judgment/Debtor and the alpha omega of the 1st Appellant/Applicant. iv. At the time the 2nd Appellant/Applicant recovered from his illness, he attempted to finance the compilation and transmission of the record of appeal but could not do so due to being financial handicapped. v. The time within which the Appellants/Applicants have to compile and transmit record of Appeal has lapsed. vi.
The record of appeal has now been transmitted to the Court of appeal on the 28th day of October 2021 vii. Leave of this Honoureble Court is required to compile and transmit record of Appeal to this Honourable Court and to deem same as properly compiled and transmitted. viii. The Respondent will not be prejudiced by a grant of this application. ix. It is in the interest of justice to grant this humble application. The motion is supported by an affidavit of 13 paragraphs and a written address in support thereof.
In his supporting written address counsel raised one issue for determination thus:- Whether this honourable Court will not exercise its discretion in favour of the Applicants to grant the reliefs contained in the motion, considering the entire facts and circumstances of this application. Counsel argued that the provision of the Rules of Court in taking procedural step must be obeyed at all times. But where there is non-compliance the Court has the discretionary power to extend the time prescribed. Counsel referred to the case of N. A. Williams & Ors. V.
