ARIKE & ANOR
V.
OLOWOPAPA & ANOR

(2002) JELR 44417 (CA)    

Court of Appeal  ·  CA/L/405/98 ·  17 Dec 2002 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellants
matter
order
appeal
want of prosecution
want of diligent prosecution
preliminary objection
grounds of appeal
instant matter
rules of this court
default of appearance
notice of appeal
only course
chief talabi
long time
order of dismissal of the plaintiffs
present circumstances
reply brief
set aside
substantive suit
actual fact
apparent challenge of the competency of the appeal
appellants of the record of appeal
available facts
briefs of argument
case of usikaro v
circumstances of the matter
compilation of the record of appeal
court of law
decision of the supreme court
dismissal order of the suit
extant order of interlocutory injunction
instant case
lagos state
leading judgment
mr. m. j. agboola
parcel of land
principle of audi alteram partem
record of the court of that date
respect of an application
ruling of akande j. of the high court
said dismissal of their suit
sensitive nature of land matter
such order see albert ilona
such technicality
terms of the said order
v. itsekhri communual land trustees
words of the court

C.M. CHUKWUMA-ENEH, J.C.A (Delivering the leading Judgment): This appeal is against the Ruling of Akande J. of the High Court of Lagos State given on 2nd of November, 1992 in respect of an application praying for an order to set aside the order of dismissal of the Plaintiffs' (Appellants) action for want of prosecution.

In the substantive suit the Plaintiffs (Appellants) claimed for declaration of entitlement to a Statutory Right of Occupancy to a parcel of land otherwise known as No. 11 Kumuyi Street, Mushin, Lagos as per the survey Plan attached to a Deed of Conveyance dated 19/6/96 and registered as instrument No.46/46/415 Lagos; N1, 000.00 damages for trespass and an injunction.

Pleadings were filed and exchanged between the parties. The matter was set down for hearing which had to be adjourned on two previous occasions before it came up on 15/11/92 again for hearing.

The record of the Court of that date i.e. at page 163 shows that Mr. M. J. Agboola holding Chief Talabi's brief ap…

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