Learn The Law Academy

Today, while observing proceedings at the Rivers State High Court, I observed a peculiar scenario. Although this scenario was not new to Law, it was however my first time of hearing about it. It involved motion for extension of time.

A motion for extension of time was brought before the court by the Appellant Counsel . Counsel prayed the Court to be granted an extension of time, within which to file his notice of appeal, after already filing the Notice of Appeal out of time. This motion was strongly objected to by the Respondent counsel who stated that, whereas, by the rules of the court, it was within the discretion of the court to grant extention of time as many times as it deems fit, the court should not grant such motion in this instance as such a process was already defective. Respondent Counsel further argued that the Notice of Appeal was the foundation of why parties were in court, and if such is defective, then the entire suit itself was defective. He concluded by citing the learned Lord Denning MR. In Macfoy v. UAC, that you cannot put something on nothing and expect it to stand.

This raised the question of whether the court can grant extention of time for a party to file an Originating Process (in this case, the Notice of Appeal).

The Law, as held by the Supreme Court in Incar Nigeria Plc v Bolex Enterprises Nig. Ltd (2001) 12 NWLR (Pt. 728) 646, was that: "A notice of appeal filed out of time will require a prayer for enlargement of time within which to file such notice of appeal. It is only after that prayer is granted that the Court may deem the notice of appeal already filed as duly and properly filed."

The above position was cited by Appellant Counsel to be an approval of the such a situation where an originating process was filed out of time.

Did you know you can enjoy your property without actually owning it? And did you know that doing so comes with added tax advantages?
Join us this Wednesday to find out more
https://twitter.com/i/spaces/1dRKZMgDarwxB

WHAT DOES THE LAW SAY ABOUT DRAWING A TATTOO ON A CHILD?

Did you know that if you make any skin mark on a child or draw any tattoo, you have committed an offence?
Now you know.

Follow for more

FIVE LEGAL MAXIMS EVERY LAW STUDENT SHOULD KNOW.

One of the ways to improve your legal writing is by employing Legal maxims. They are authorities that helps you attain the standard of writing required of a law student.

Follow for more helpful tips.

*HAS NEPA BEEN TORMENTING YOU?*
Then this post is for your.

We have taken the time to list out your rights and duties as a consumer of electricity in NIGERIA.

Click the link to read more
https://www.instagram.com/p/CneQz4lIu5c/?igshid=YmMyMTA2M2Y=

*THAT'S NOT ALL*
WE have also added the link via which you can lay a complaint against the Electricity Distribution Company (DisCo) in your area.

https://nerc.gov.ng/index.php/home/consumers/how-do-i-make-a-complaint

Don't forget to Follow Learn The Law Academy for more updates.

I can't Appreciate you enough for your contribution to our growth in 2022, but I'm most assured that 2023 will be a better year.
Except big news from us this year. God bless you.
From all of us at Learn The Law Academy, we wish you a Happy new year ❤️❤️

As we wrap up the year, I felt it was important to inform you that In the Spirit of Enjoyment and Owambe, you can celebrate like this ehn, and still end up in jail?
Try and celebrate with caution. Respect the naira.

As an Aside 🥹, if you enjoyed what Learn the Law has done this year, kindly leave a supportive message.
Compliments of the season 🎄🎄

Celebrating the Man behind the pen. Here's to the principal of Learn the Law Academy. Happy birthday Sir.

New procedures for change of name. Please take note.

New update don lap. If you decide to change your name, please take notice that there's a new process of doing so.

Bad Character does not only serve you breakfast 💔, e fit put you for prison too.