IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA
APPEAL NO.
SUIT NO:
MOTION NO.
BETWEEN
MARCUS A. ABU……………………………………………....APPELLANT/APPLICANT
AND
FIRST CITY MONUMENT BANK…………………………… RESPONDENT

TAKE NOTICE that this Honourable Court will be moved on the ……… day of …………………..
2024, at the hour of 9 0’ clock in the forenoon or so soon thereafter as Counsel can be heard on behalf of
the Appellant’s / Applicant herein, praying this Honourable Court for the following orders:

1. An Order for extension of time, within which to seek leave to file Notice of Appeal.

2. An Order seeking leave to appeal.

3. An Order for extension of time within which to appeal.

4. AND for such further order or other orders as this Honourable Court may deem fit to make in the
circumstances of this appeal.

Dated this …………………………day of ………………………………….. 2024

_______________________
Marcus A. Abu Esq
Ekpeji Sani Mohammed Esq
(Appellant’s Counsel)
Justice Advocates, 2nd Floor,
RCCG Master’s Place,
Opp. Customary Court of
Appeal,
Utako, Abuja.
07085277400
[email protected]

FOR SERVICE ON:

The Respondent;
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

APPEAL NO.
SUIT NO:
MOTION NO.
BETWEEN
MARCUS A. ABU……………………………………………....APPELLANT/APPLICANT
AND
FIRST CITY MONUMENT BANK……………………………. RESPONDENT

AFFIDAVIT IN SUPPORT OF MOTION

I, Elizabeth, Nigerian, Christian, Litigation Secretary of Justice Advocates, do hereby make oath and state
as follows:-

1. That I am a litigation Secretary in the Law Firm of Justice Advocates, Utako Abuja.

2. That by virtue of my position, I am very conversant with the facts of this Appeal.

3. That I have the consent and the authority of the Appellant / Applicant to depose to this affidavit.

4. That this Appeal was filed within 3 months in the mistaken belief in the provision of the constitution
and Court of Appeal Act.

6. That the appellant inadvertently filed his Notice of Appeal out of time.

7. That the delay in filing this appeal was neither deliberate nor an attempt to frustrate the hearing of this
appeal.

8. That the granting of this application is in the interest of justice and the grant of same will in no way
prejudice the Respondent.

9. That I make this deposition in good faith, conscientiously believing same to be true, and in accordance
with the Oaths Act

____________
DEPONENT
Sworn to at the Registry of the High Court of the Federal Capital Territory, Abuja
This…………………………………..day of………………………………………… 2024.

BEFORE ME
COMMISSIONER FOR OATH
 IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

APPEAL NO.
SUIT NO:
MOTION NO.
BETWEEN
MARCUS A. ABU……………………………………………....APPELLANT/APPLICANT
AND
FIRST CITY MONUMENT BANK…………………………... RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1.0. INTRODUCTION
1.1. This is application is brought pursuant to Order 43, Rule 1 and Order 49, Rule 4 of the
High Court of the Federal Capital Territory (Civil Procedure) Rules 2018 and under the
inherent jurisdiction of this Honourable Court.
1.2. By the application, the Claimant/Applicant is praying the Honourable Court for the
following orders:

(a) An Order of the Honorable Court extending the time within which the
Appellant/Applicant may file and serve his brief of argument to the Respondent.
(b) An Order of the Honorable Court granting leave to the Appellant/Applicant to file and
serve his brief of argument out of time.
(c) AND for such further order(s) as this Honorable Court may deem fit to make in the
circumstances.
1.3. This application is supported by a 9 paragraph affidavit deposed to by Elizabeth, a
Litigation Secretary in the law firm of Justice Advocates, Utako, Abuja.

2.0. BRIEF STATEMENT OF FACTS

2.1. The facts necessary for the determination of this application are contained in Paragraph 6
and 7 of the affidavit in support of this application.
3.0. ISSUE FOR DETERMINATION
We humbly submit a sole issue for determination by this Honorable Court:
 3.1. “Whether the Appellant/Applicant is entitled to the grant of this application”
4.0. ARGUMENT ON ISSUE
4.1. Respectfully my Lords, we submit that this Honourable Court has the discretionary
power to grant extension of time for a party to do an act after the expiration of time stated
by the Rules of Court. We refer my Lords to the provisions of Order 49, Rule 4 of the
High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018.
4.2. The Court of Appeal in laying down the principles guiding extension of time within
which to do an act in CHIGBU v. TOMINAS (NIG.) LTD. (1999) 3 NWLR (PT. 593)
115 at 121 held that:
“An application for extension of time within which to file pleadings in not granted as a
matter of course. Thus when a court is called upon to make an order of extension
within which to do things, for instance extension of time, prescribed by the rules of
court for taking certain procedural steps, the court ought always to bear in mind that
the rules of court must prima facie be obeyed, and it therefore follows that in order to
justify the exercise of the court’s discretion in extending the time within which a
procedural step has to be taken there must be some material upon which to base the
exercise of that discretion…….”
4.3. In view of the above principle, the Appellant/Applicant has furnished the court with
reason for not filing the Appellant brief of argument within time. This reason was stated
in the supporting affidavit.
4.4. We respectfully submit that the facts deposed to in our supporting affidavit are sufficient
reason upon which the court’s discretion can be favorably exercised as the failure to file
the Appellant brief of argument within time was due to mistaking believe that the brief of
argument has been filed within time. We refer my Lords to the case of E.F.P. Co. Ltd. v.
N.D.I.C. (2007) 9 NWLR [PT. 1039] 216 at 258, para H.
4.5. We further submit that the other party to this Appeal would not be prejudiced by the
granting of this application.
4.6. Finally, it is our humble submission that it will serve the interest of justice to grant this
application as it would afford the Appellant/Applicant the opportunity to file his brief of
argument.
5.0. CONCLUSION
We humbly urge my Lords to grant the application as prayed.
We are most grateful.
LIST OF AUTHORITIES
1. Order 49, Rule 4 of the High Court of the Federal Capital Territory (Civil Procedure) Rules,
2018.
2. CHIGBU v. TOMINAS (NIG.) LTD. (1999) 3 NWLR (PT. 593) 115 at 121.
3. E.F.P. Co. Ltd. v. N.D.I.C. (2007) 9 NWLR [PT. 1039] 216 at 258, para H.

Dated this………………..day of…………………………………………………….2024

_______________________
Marcus A. Abu Esq
Ekpeji Sani Mohammed Esq
(Appellant’s Counsel)
Justice Advocates, 2nd Floor,
RCCG Master’s Place,
Opp. Customary Court of
Appeal,
Utako, Abuja.
07085277400
[email protected]
FOR SERVICE ON: