NOBLE HILL-NETWORK LTD. v. K.O.N.H. (U.K.) LTD. & ANOR.

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Facts:

Pursuant to the filing of a Motion on Notice for Interlocutory Injunction by the Respondents and another motion dated and filed by the Appellant, the trial Court delivered a Ruling against the Appellant. The Appellant who was dissatisfied with the Ruling delivered by the Federal High Court (trial court), Lagos decided to exercise its Constitutional Right of appeal. However, the appellants were unable to file their Notice of Appeal within time, on the premise that there was a delay in obtaining the CTC of the trial court’s ruling, among other things. As a result of this, the Appellant made an application to the Court of Appeal, seeking an order for extension of time within which to seek leave to appeal the ruling of the trial court, an order seeking leave to appeal the ruling of the trial court, and an order for extension of time to appeal the ruling of the trial court. The Respondents on their part filed a Counter Affidavit in opposition to the Appellant’s application. The substance of the Counter Affidavit is that the Appellant has not shown good and substantial reasons for failure to appeal the ruling of the trial court within the prescribed period and that the failure of the Appellant to file this Motion on Notice immediately upon receipt of the Certified True Copy of the Ruling on shows that the Appellant is not serious about prosecuting this Interlocutory Appeal.

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