(1986) JELR 40126 (CA)    

Court of Appeal  ·  CA/I/126/84 ·  25 Mar 1986 ·  Nigeria
Other Citations
Azeez v. State (1986) 2 NWLR (Pt.23)
Azeez v. State (1986) 2 NWLR (Pt. 23) 541
UCHE OMO Justice of The Court of Appeal of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Court of Appeal of Nigeria SYLVESTER UMARU ONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
want of prosecution
hearing notice
affidavit of the applicant
23rd october
brief of argument
brother uche omo
days of the receipt of the record
high court registry
registry of this court
rules of court
supreme court
affidavit evidence
applicant of a change of address vide order
conditions of appeal
copy of the records of proceedings
court of appeal
date of hearing
final judgment
first issue
first observation
hand exhibit b
important issues of fact
inter alia
mrs. modupe oyedeji
orders of this court
oyo state high court
prior notice
records of appeal
relevant facts
reliable evidence
said appeal
second issue
senior state counsel
service of the hearing notice
service of the record of appeal
view of the fact

OMO, J.C.A. (Delivering the Leading Judgment): This is an application seeking the orders of this court (1) to set aside its order made on 28/11/85 dismissing the appeal of the appellant/applicant for want of prosecution, and (2) to set down the said appeal for hearing.

The relevant facts are briefly as follows: on 4th July 1984 the applicant was convicted at the Oyo State High Court (Ibadan) of the offences of stealing and conspiracy to steal for which he was sentenced to a cumulative fine of N1,000.00 or a term of imprisonment for 2 years. On 2nd August 1984 he filed an appeal to the Court of Appeal against his conviction. On 16th August 1984 conditions of appeal were settled and perfected.

On the 21st August 1985 records of appeal were received by the Registry of this court from the High Court Registry. On the same day the appeal was listed for hearing on 28th November 1985 and hearing notices issued to the parties. The hearing notice for the appellant/applicant was served on him on…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login