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ADEGOKE MOTORS LTD.
V.
ADESANYA

(1989) JELR 39755 (SC)    

Supreme Court  ·  SC.186/1988 ·  19 May 1989 ·  Nigeria
 · 
Other Citations
Adegoke Motors Ltd v. Adesanya (1989) NWLR (Pt.109) 250
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
case
defendant
order
issues
writ of summons
facts
high court
civil process act
civil process act cap
grounds of appeal
conditional appearance
27th day of february
appellate court
service of the writ of summons
statement of defence
supreme court
learned justices of the court of appeal
main issue
notice of appeal
particular case
purported issue
set aside
validity of the service of the selfsame writ
26th day of june
above memorandum of appearance
basis of this court
chief j. p pamotei
circumstances of any given case
copies of the said writ
court's decisions
entry of an appearance
facts of the given case
justices of the supreme court
leading judgment
leave of court
leave of this honourable court
oral submissions of the parties
otherwise invalid service
particular cases
particulars of the plaintiffs
present action
pronouncements of this court
set aside ex debito justitiae
skenconsult nigeria ltd.
subsequent proceedings
such appeal
validity of a writ of summons
various decisions
various judgments

OPUTA, JSC (Delivering the Leading Judgment): On the 27th day of February, 1989, Mr. Awodein for the defendant/appellant moved his motion dated 22/2/89 seeking the leave of this honourable Court to amend his Notice and Grounds of Appeal. The Notice of Appeal was dated 21st February, 1989, and had already been filed. As the motion was not opposed by Mr. Tinubu for the respondents, it was granted and the Notice and Grounds were deemed to have been duly and properly filed. There was also an application by Mr. Tinubu for extension of time within which to file respondents' Brief and for the Brief already filed to be deemed to have been properly and duly filed. This motion was not opposed by Mr. Awodein for the appellants and same was accordingly allowed and the respondents' brief filed out of time was then deemed to have been duly and properly filed.

The appeal was then argued on the two briefs filed with leave of Court. At the close of arguments, I made the following notes:-

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