AKUJINWA & ORS
V.
NWAONUMA & ORS

(1998) JELR 45578 (SC)    

Supreme Court  ·  SC.27/1991 ·  18 Dec 1998 ·  Nigeria
 · 
Other Citations
Akujinwa v. Nwaonuma (1998) 13 NWLR (Pt. 583)632
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
rule
order
appellants
court of appeal
want of prosecution
court of appeal rules
inherent jurisdiction
brief of argument
extension of time
suo motu
records of appeal
28th day of april
appellant fails
notice of appeal
right of fair hearing
decision of the court
enugu division of the court of appeal
leading judgment
prosecution of the appeal
learned counsel
modern signs
provisions of order
rules of this court
appellants fail
appellant shall
brief facts of the case
case of the respondents
decision of the high court of imo state holden
earlier order of the court
engugu division of the court
facts of the instant case show
following circumstances
following words
inexplicable reasons
judgment of the high court of imo state
learned justice
official acts
record of the court
rule of presumption of regularity
said order
see krakauer v
set aside
such fact
valid order of dismissal
want of application

ONU, J.S.C.: (Delivering the Leading Judgment): The Enugu Division of the Court of Appeal sitting in Enugu Coram; Olatawura, JCA as then was, Katsina-Alu and Macaulay, J.J.C.A.) on the 28th day of April, 1986, dismissed the appellants' appeal for want of prosecution following their failure to file a brief of argument. The appeal itself had emanated from the decision of the High Court of Imo State holden in Oguta and dated 26th May, 1983.

The brief facts of the case as can be gathered from the record may be stated as follows:-

By their notice of appeal the appellants appealed against the judgment of the High Court of Imo State, Oguta Judicial Division delivered on 26th May, 1983 to the Enugu Division of the Court of Appeal. It would appear that records were received by the Engugu Division of the court hereinafter in the rest of this judgment referred to as the court below) on the 14th day of November, 1984. as would also appear clear, the appellants did not file their briefs of argume…

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