(2003) JELR 44864 (SC)    

Supreme Court  ·  SC.149/1999 ·  11 Jul 2003 ·  Nigeria
Other Citations
ALABI v. AMOO (2003) 12 NWLR (PT.835)537 (2003) 7 S.C. 154
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
notice of appeal
trial court
preliminary objection
notices of appeal
court of appeal act
extension of time
supreme court
learned counsel
high court
constitutional right
court of appeal rules
grounds of appeal
ibadan division
instant case
oyo state
breach of the appellants
determination of the appeal
leading judgment
opportunity of reading
a. i. iguh
a. i. katsina-alu
appeal no. ca
argument of counsel
breach of the provisions of the fundamental right provisions
competence of a procedural step
competence of the notices of appeal
consideration of the grounds of appeal
final decision
following issues
futile attempts
hearing of the plaintiff
high court registry
infringement of the principle of natural justice
judgment of this court
laws of the federation of nigeria
order of the honourable court
purported notice of appeal
registry of the court of appeal
ruling of the court of appeal
ruling of the trial court
special circumstances
suit no. hsk
time limit

D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal from the Ruling delivered by the Court of Appeal, Ibadan Division, on the 28th of September, 1999 in appeal No. CA/1/M.70/ 97 wherein the Court of Appeal, (Onalaja, Adamu and Tabai, JJCA.), granted the respondent's application by striking out the two Notices of Appeal dated the 27th day of June, 1996 and 4th July, 1996 filed by the appellants herein in Suit No. HSK/48/91 respectively at the Registry of the Court of Appeal and the High Court Registry, Saki, Oyo State, as being incompetent as same were filed outside the time prescribed by Section 25(2) of the Court of Appeal Act, Cap. 75, Laws of the Federation of Nigeria, 1990. But before the consideration of the Grounds of Appeal herein and the issues distilled therefrom, it is convenient at this stage to sketch out the background facts.

The respondents herein were the plaintiffs in Suit No. HOY/48/91 later transferred to Saki Division, Oyo State and renumbered …

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