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From Noah Ebije, Kaduna
Court of Appeal, Kaduna Judicial division on Wednesday reserved judgement for extension of time by Applicants to appeal the ruling of the State High Court in the case of the demolition of Durbar hotel in Kaduna by the State governor, Nasir El-rufai and other agencies of the State government.
However, in one of their submissions, Counsels to Durbar hotel, Dr. R. O Atabo, (SAN) With Idakwoji R. I, Esq, said the Appellants/Applicants did not give cogent reason to appeal for extension of time on the matter having had such ample time within the prescribed period, but failed to do so.
The Respondent, therefore, submitted that the Court should dismiss the application of the Appellants for being incompetent and frivolous, with cost awarded in favour of the Respondent.
Durbar hotel is believed to be the property of the family of late Head of State, General Sani Abacha.
When the matter came up at the Court of Appeal, kaduna on Wednesday for the Appellant/Applicant Motion for enlargement of time to appeal against the Ruling of Hon. Justice Balogun of the State High Court, the motion was heard by the justices of the Court of Appeal.
The written address of Applicants and the Respondent were adopted and Ruling has been reserved for a date to be communicated to the Counsels.
The Justices that heard the motion are M.A Owoade, A.Audi Wambai, Bitrus G. Sanga, A.M Talba and M.B Idris.
Parts of the ground for the application of motion on notice by Counsels to the Appellants/Applicants, A. U Mustapha, (SAN) with S. S Umar, Esq read, “The decision sought to be appealed against is the ruling of the High Court of Kaduna State delivered on the 25th day of October, 2021 as captured in the body of the application.
“The Applicants immediately instructed their Counsel to file a notice of Appeal against the said decision.
“The Applicants have recently instructed the firm of A. U Mustapha &Co to take over the defence of the matter and this Appeal but upon a review of the file with the Applicants, all parties realised that the appeal has not been filed as instructed and given the fundamental, recondite and knotty legal issues involved, there is need to file the said appeal.
“Being an interlocutory decision not purely based on questions of law alone, the Applicants require the leave of this Honourable Court to appeal against the decision pursuant to the relevant laws.
“The time within which the Applicants may seek leave to appeal against the said decision, obtain leave to appeal and file as stipulated by the relevant laws has elapsed and only this Honourable Court possesses the powers to extend time for the Appellants to seek leave and appeal.
“The delay in seeking leave and appealing within time was not deliberate”
However, in a counter-affidavit in opposition to Appellants/Applicants motion on notice, Counsels to Durbar hotel, Dr. R. O Atabo, (SAN)
With Idakwoji R. I, Esq, part of their submissions read thus, “The Applicants being dissatisfied with the ruling of the High Court of Kaduna State delivered on 25th day of October, 2021, seek to appeal against same but are however out of time. Hence, the Applicants have filed a motion on notice praying this Honourable Court for extension of time to file notice of appeal. This Application by the Applicants therefore necessitated the filing of a counter-affidavit by the Respondent in opposition of the said Application.
“My Lord’s, we submit that an application of this nature is one which seeks the exercise of the discretion of this Honourable Court and which ought to be exercised judicially and judiciously by bearing in mind the peculiar circumstances of this case.
“My Lords, it is our humble submission that the Applicants have failed to show good and substantial reason for failure to appeal within the prescribed period.
“My Lords, we state that the facts deposed to in Applicants’ affidavit as to the reason for the delay in itself is vague, being bad for not being clear and precise as to the actual reason for the delay experienced in filing their leave to appeal and notice of Appeal against a ruling of the High Court ( Kaduna Division) delivered since the 25th day of October, 2021. This, my Lords, we submit, is tantamount to not having any good or cogent reason at all and we urge this Honourable Court to so hold.
“My Lords, we submit that the above does not disclose any good reason why the Applicants prayers should be granted by this Honourable Court, hence ought to be dismissed.
“Furthermore, we humbly submit that the said law firm of A U Mustapha & Co whom the Applicants claim to have been recently briefed to prosecute the Appeal have at all material times being abreast with the case and were the Counsel representing the Appellants/Applicants when the ruling of 25th day of October, 2021 was delivered by the High Court, Kaduna Division.
“My Lords, in the light of the argument as marshalled out by the Respondent, we pray that this Application be dismissed with cost awarded in favour of the Respondent, for being incompetent and frivolous”.
