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AKEREDOLU & ORS. V.AKINREMI & ORS.

(1986) JELR 42673 (SC)

Supreme Court 25 Apr 1986 Nigeria
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Suit Number:SC.187/1985(-R2)
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER 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
Counsel:Chief F.R.A. Williams, SAN, (with him B.O. Ogundipe & O.A. Fani-Kayode) For Appellant G.O.K. Ajayi, S.A.N., (with him Kanmi Lalude, A. Oduba & Miss A.F. Makinde) For Respondent
Other Citations:Akeredolu v. Akinremi (1986) 2 NWLR (Pt. 25) 710

COKER, J.S.C. (Delivering the Leading Ruling): In this application, the appellants, Azeez Akeredolu and others, as plaintiffs before the High Court of Ogun State sitting at Ilaro, are seeking for an order:-

(i) for extension of time within which to apply for leave to appeal (if necessary) and;

(ii) for leave to appeal to this Court from the decision of the Court of Appeal delivered on the 10th day of April 1985 on ground other than ground of law.

Section 213(2) of the Constitution of Federal Republic of Nigeria provides that an appeal shall lie from decisions of the Court of Appeal as of right where the ground of appeal involves question of law alone. But, subject to such other cases as provided in sub-section 2 thereof, an appeal from that Court shall lie to this Court; vide sub-section 3, with leave of the Court of Appeal or the Supreme Court.

Section 31 of the Supreme Court Act 1960, prescribes that where a person desires to appeal to this court, he shall give notice of appeal or…

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