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THE DISCRETION OF THE COURT OF APPEAL TO GRANT LEAVE TO APPEAL, EXTENSION OF TIME TO APPEAL, AND THE CIRCUMSTANCES UNDER WHICH SUCH DISCRETION IS EXERCISABLE.

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The court of appeal has the discretion to grant motion for extention of time and leave to appeal even when a preliminary objection has been raised on the failure to seek the leave at the first instance but such discretion should be done judicially in ensuring justice is served.
 BAMKOLE v. AYANLAJA (2025) 19 NWLR (Pt. 2019) 81
 The decision of the court of appeal in this case presents a profound judicial exposition on the nature, scope and limits of the Court of Appeal’s discretionary powers in relation to applications seeking (i) leave to appeal, (ii) extension of time within which to seek leave to appeal, and (iii) extension of time within which to file a competent appeal. The factual matrix of the appeal is instructive. The appellant, being dissatisfied with the ruling of the High Court of Lagos State, lodged an appeal to the Court of Appeal on three grounds. However, in doing so, he did not seek the requisite leave of court in respect of grounds 2 and 3, which were perc...
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MISNOMER AND ITS EFFECT IN LEGAL PROCEEDINGS

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A misnomer is said to occur in a case where a competent and identified party sues or is sued in an incorrect name by way of mis-description or mistake in the description of its name in the initiating processes of the case. It arises when a mistake is made as to the name of a person, natural and artificial, who sues or is sued in an action or when an action is brought by or against the wrong name of a person. In every legal proceeding, the proper identification of parties is very important. The court needs to know who is making the claim and who is defending it. This clarity helps the court avoid confusion, ensures that the right person receives court notices, and guarantees that justice is done between the actual people involved in the dispute.  However, because legal processes are handled by human beings, mistakes often happen. One common mistake is when a party’s name is written incorrectly on a court document. This may be a small spelling error, the wrong initials, a...
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TIME WITHIN WHICH THE PROSECUTION MUST APPEAL AGAINST A CONVICTION IN CAPITAL OFFENCES

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The position of the law is that where the prosecution intends to appeal against the decision of the court in a capital offence, he must file his notice of appeal within 7 days from the date of judgement and even the Supreme Court has no jurisdiction to extend the time. Where filed outside 7 days, the appeal shall be struck out.
STATE V. ALI (2020) 18 NWLR (PT. 1755) 69 A brief narration of the fact that led to the judgment of the court of appeal in this case is that:
 On March 11, 2009 the Respondent had a disagreement with Saddam Abubakar (the deceased) over a lady. This culminated into a quarrel and the appellant took out a knife fastened to his waist, and stabbed the deceased on his back, inflicting a deep cut. This resulted in massive bleeding which led to the death of the deceased on the spot. Consequently, the accused person was arrested and arraigned before the trial High Court for the offence of culpable homicide punishable with death. When the charge was read and e...
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Competence of a Law Firm to Sign an Originating Process

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The position of the law is that only a lawyer duly called to the Bar or the claimant can sign an originating process, a law firm is deemed incompetent of signing an originating process and where a law firm signed the originating process, such process is defective, robs the court of jurisdiction and liable to be struck out.
 For more clarity on the topic, I’ll be making reference to the case of YONGO V. HANONGON (2024) 1 NWLR (PT. 1920) 593.
 A brief narration of the fact of the case is that:
 The case began as a result of a land ownership dispute in Benue State, Nigeria between the appellant and the respondent. The Appellants (Yongo and others) claimed ownership of certain pieces of land, alleging that they were lawfully granted those lands by traditional grantors and that they had developed and cultivated the lands peacefully for years. The action was commenced at the High Court by the appellant via a writ of summons and statement of claim against the respondents. However,...
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LEGAL WRITING WEBINAR | CITATION & WRITING MASTERY

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AS the art of legal writing goes beyond flair in its precision, discipline, and the capacity to reference authorities with confidence and clarity, Solace Chambers' Academic Committee  invites you to a transformative PRACTICAL writing and referencing session designed to elevate your professional legal research and writing skills. Theme: Citation & Writing Mastery for Law Students  Focus Areas: - Practical legal referencing - Plagiarism-proof writing - Academic clarity & grammatical precision - Structuring legal essays & articles - NALT & OSCOLA citation style  Session Details: Date: Thur. 13th Nov, 2025 Time: 08:15PM Venue: Google Meet Link: To be released soon. Join our waiting room here:   https://chat.whatsapp.com/JLYM2xd9pkXJHmoikE8x3Y?mode=wwt A session every aspiring legal scholar cannot afford to miss. For more inquiries, visit our: Website:   https://www.solacechambersbuk.com.ng For inquiries, guidance, or involvement with Solace Cham...
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2ND ANNUAL SOLACE POEM REVIEW COMPETITION

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CALL FOR ENTRIES! Dear Solacians, entries are hereby invited for the 2.0 Edition of Solace Annual Poem Review Competition. The contest is one of the numerous efforts of Solace Chambers to assist partners to appreciate the true meanings of *Corruption and Justice* as future attorneys, from the poetic lens of both old and young, living and the immortalized literary scholars who are of either African or Non-African origins.  THEME:        Promoting Access to Justice Selected Work for Review:       " Prisoners" by Professor Wole Soyinka ELIGIBILITY:  ALL Members of Solace Chambers (excluding the Excos and Members of the Chamber’s Debate and Poetry Committee). All submissions should be sent to editoratsolacechambers@gmail.com following the modalities provided in the flyer attached.  Use the link below to access the poem: https://drive.google.com/file/d/1-C5kKmvdexqB8rqY6ESKIC5gKhtqgmHn/view?usp=drivesdk Let your pens bleed for Justice! For E...
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SOLACE VIRTUAL MENTORSHIP PROGRAMME (SVMP) 4.0

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We are proud to introduce the SOLACE VIRTUAL MENTORSHIP PROGRAMME (SVMP) 4.0 🎗️ ABOUT The SVMP is an annual mentorship programme open to respected members and law students across Nigeria. It is a platform that aims at providing participants with insights into various legal specialisations, including courtroom advocacy, while helping them discover their true passions. 🎗️WHY JOIN? Gain the opportunity to learn from seasoned and experienced mentors and build relationships that will enhance your career.  Explore various areas of legal specialisations, expanding your horizons and perspectives.   Participants with excellent performance in tasks set by mentors/organisers will be awarded certificates upon completion of the programme And many more. 🎗️ AREAS Of MENTORSHIP: The SVMP 4.0 will feature different areas of law and personal development, including: Courtroom Litigation: Trial and Appeal Alternative Dispute Resolution Legal Research, Article, Essay and Case Review &...
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