ASALU
V.
DAKAN

(2006) JELR 57677 (SC)    

Supreme Court  ·  SC. 151/2002 ·  26 May 2006 ·  Nigeria
CORAM
IDRIS LEGBO KUTIGI JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC (Read the Lead Judgment)
Core Terms Beta
court
appeal
rule
appellants
court of appeal
court of appeal rules
want of prosecution
appellants’ appeal
respondents
17th november
record of appeal
conditions of appeal
grounds of appeal
court ofappeal
present case
condition of appeal
learned counsel
position of the law
suit no. hcl
appeal court
appellants’ brief
decision of the court of appeal
different times
dismissed case
dismissingan appeal
good cause
high court
lead judgment
only exception
order restoring
order settingaside
real issue
ruling of this honourable court
simple question
such cases
supreme court
anappellant failsto file
appellant failsto file
appellants’ motion
dismissal of their application
exercise of the jurisdiction of the court
exercise of the power
following words
karibi-whyte jsc
learned counsel of the parties
own previous decision
record states
registry of the trial court
respondents’application
ruling of the court of appeal

MOHAMMED JSC (Delivering the Lead Judgment): This is an appeal against the ruling of the Court of Appeal, Ibadan Division delivered on 23/11/2000, refusing to set aside a ruling earlier delivered by that court on 17/ 11/1994, dismissingan appeal for want of prosecution. The appellants were the plaintiffs in an action filed by them at the High Court of Justice of Ogun State, sittingat Abeokuta as suit No. HCL/ 27/80 against the respondents as defendants. At the end of the hearing of the action by the trial High Court, judgment was delivered on 6/11/1985. The appellants who were not happy with the judgment, appealed against it to the Court of Appeal, Ibadan. Their learned counsel perfected all the conditions of appeal given at the registry of the trial court where the notice and grounds of appeal were filed. However, nearly 10 years after filing the appeal, by a motion dated 14/10/1994, filed at the Court of Appeal, the respondents prayed the court to dismiss the appellants’ appeal fo…

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