[2016]DLCA5115June 23, 2016Court of Appeal

JULIUS SYLVESTER BORTEY ALABI vs. PARESH & 2 ORS

GYAESAYOR, JA This is a simple application for extension of time within which to file an appeal in an interlocutory matter. However, this simple application has raised a serious legal issue which calls for determination by the court. On the 11th day of May 2016, the full bench of the Court of Appeal varied the order of the single judge dated 12th of April 2016 The applicant has evinced an intention to appeal the decision of the full bench to the Supreme Court. Being an interlocutory matter per the Rules of C.I.19 the Court of Appeal Rules and C.I.16, the Supreme Court rules the appellant has 21 days within which to file an appeal counting from the date of the decision the subject of the appeal. C.I.19 in Rule 9 deals with time limits for appealing In 9(1) it is provided that subject to any other enactment governing appeals, an appeal shall not be brought after the expiration of;- a. Twenty-one days, in the case of an appeal against an interlocutory decision or b. Three months,...