AJARA KASSIM vs. HAJIA MEMUNATU & 4 OTHER

By way of a preliminary point law, counsel for the plaintiff/Appellant/Respondent raised an objection to a cross-appeal filed by the defendants/Respondents/Appellants on 18th April 2007. According to learned counsel for the plaintiff/Appellant/ Respondent, since the judgment being appealed against was delivered on 21st December 2006, by the provisions of Order 51 r 3 (1) of the High Court (Civil Procedure) Rules 2004, CI 47, any appeal should be brought within three months of the judgment sought to attacked. He also submits that even though rule 4 of the Order gives room for extension time, by subrule (2), an application for extension of time within which to appeal must be made within a month after the time limited for bringing an appeal under r 3. Reacting, learned counsel for the defendants/Respondents/Appellants referred to Order 81 r 1 of the High Court (Civil Procedure) Rules 2004, CI 47, and submits that the Court has a discretion to grant an extension of time outside the time ...