Filing appeal out of time

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It is therefore struck out with costs to the respondent assessed and fixed at N182.00.

Order accordingly.” - Per Sir Udo Udoma, J.S.C., in Ababa v. Adeyemi (1976) 10

N.S.C.C. 709 at 713.

1172. Lodging an appeal against a “decision” does not “ipso facto” operate

as stay of the execution of the judgment appealed from or against.

“So, apart from the power of the Court of Appeal therein stated, the section serves

a red warning light to litigants in appeal case proceedings that the mere fact of

lodging an appeal against a “decision” does not “ipso facto” operate as stay of the

execution of the judgment appealed from or against. The appellant or prospective

appellant must take further steps. He must do something more in that direction.” -

Per Nsofor, J.C.A., in Tidex (Nig.)Ltd. v. Maskew Suit No. CA/B/131/M/96;

(1997) 1 N.W.L.R. (Pt. 482) 453 at 468.

1173. When an appeal is deemed entered.

“The law is trite that an appeal is entered when this Court has duly received the

record of appeal. See Ogunremi v. Dada (1962) 1 All N.L.R. 663; (1962) 2

S.C.N.L.R. 417; Adewoyin v. Adeyeye (1962) 2 All N.L.R. 108; Ezomo v. Attorney-

General, Bendel State (1986) 4 N.W.L.R. (Pt.36) 448; Mobil Oil Ltd. v. Agadaigho

(1988) 2 N.W.L.R. (Pt. 77) 383.” – Per Tobi, J.C.A., in U.B.A. Ltd. v. Taan Suit

No. CA/L/345M/90; (1993) 4 N.W.L.R. (Pt. 287) 368 at 379.

1174. When an appeal is deemed pending in the appeal Court.

“When does the law recognise that an appeal is pending before this Court? In my

humble view, an appeal will be deemed to be pending in this Court the moment the

notice of appeal is filed in accordance with the rules of this Court. Therefore the

appeal in this matter will be deemed to be pending in this Court as from 26th February,

1991”. – Per Tobi, J.C.A., in U.B.A. Ltd. v. Taan Suit No. CA/L/345M/90; (1993) 4

N.W.L.R. (Pt. 287) 368 at 379.

(74) FILING APPEAL OUT OF TIME

1175. Appeal entered out of time without application for an extension.

(1) “As the appeal was admittedly entered out of time and no application for an

extension of time had been made to this Court it was not in dispute that the appeal

could be struck out on that ground alone.” - Per Brett, F.J. in Onuoha v. C.O.P.

(1959) 1 N.S.C.C. 17 at 19.

(2) “To be proper and competent the appeal must be brought within the time prescribed

in the Court of Appeal Act Cap. 75 (already set out) failing which extension of time

within which to appeal must be sought and obtained. The grounds of appeal attacking

a particular interlocutory ruling of the trial Court which was not appealed against

631 Filing appeal out of time Paras. 1171-1175