Judgment
PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgement): The Respondent herein [Muhammad Naseer] initiated Suit No. KDH/Z/211/2017 against the Applicant [Ibrahim Dan Umma] vide a writ of summons issued out of the Registry of the High Court of Kaduna State holden at Zaria, claiming declaratory and injunctive reliefs, as well as an order for possession, in respect of a plot of land situate at Anguwar Alkali, Zaria. The Applicant did not file statement of defence within the period stipulated in the rules of Court for exchange of pleadings.
He was also absent in Court and not represented by counsel when the matter came up for pre-trial conference on 9/10/18, whereupon the lower Court (per M. M. Ladan, J.) “entered judgment for the Plaintiff against the Defendant as per the Plaintiff’s Writ of Summons and Statement of Claim” pursuant to Order 26 Rule 6(b) of the High Court of Kaduna State (Civil Procedure) Rules 2007. The Applicant is desirous of appealing the said judgment, and has beseeched this Court with the ‘trinity prayers’ set out in a Motion on Notice filed on 15/8/19 as follows:
“1. An order extending the time within which the Applicant may seek leave to appeal against the Ruling of the Kaduna High Court delivered on the 9/10/2018 in Suit No. KDH/Z/211/2017 between Muhammad Naseer vs. Ibrahim Dan Umma CORAM HON JUSTICE M. M. LADAN. 2. An Order granting the Appellant leave to appeal against the Ruling of Kaduna High Court dated 9/10/2018 in Suit No. KDH/Z/211/2017. 3. An order enlarging the time within which to appeal against the Ruling of Kaduna High Court dated 9/10/2018 in Suit No. KDH/Z/211/2017. 4.
And for any such further order or further order as the Honourable Court may deem fit to make in the circumstances of this case. The application is supported by a 14-paragraphed affidavit deposed by one Shakirat Suleiman (a litigation secretary in the Law Firm of A. T. Abubakar & Associates, solicitors for the Applicant), as well as a 9-paragraphed further affidavit deposed by the Applicant on 5/7/21. It is averred in the further affidavit (which is an almost verbatim reproduction of the supporting affidavit) thusly: “1. I am the Applicant/Appellant in this application. 2.
