(1998) JELR 45589 (SC)    

Supreme Court  ·  SC.65/1989 ·  30 Jan 1998 ·  Nigeria
Other Citations
Babayagi v.Bida (1998) 2 NWLR (Pt.538)367 (1998) 1-2 S.C 108
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED 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
court of appeal
court of appeal rules
extension of time
learned justices of the court of appeal
motion papers
supreme court
supreme court rules
inter alia
f.m. ebofuame-nezan esq
oral argument
respondent fails
want of diligent prosecution
27th april
28th day of december
leading judgment
old order
order of dismissal
record of proceedings
reply brief
above action
above judgment
argument of counsels
benue state high court
chief iro ogbu
clear provisions of our rules
consideration of the appellant
considered judgment
court of appeal act
defendant of the written agreement
enough time
f.m. ebofuame
following points
following reliefs
proper order
provision of order
resume of the facts of the case
rule l0 of the court of appeal rules
rules of this court
specific performance
trial court

ONU, J.S.C. (Delivering the Leading Judgment): This appeal emanates from the Ruling delivered by the Court of Appeal. Jos Division on April 27, 1988 (Coram: Maidama and Mukhtar, J.C.A. as well as Adio, J.C.A. as he then was) when it dismissed the appellant's appeal acting pursuant to Order 6 Rule 10 Court of Appeal Rules, 1981 as amended in the words following:-

"The appellant was served with the motion papers. He is not in court this morning. No reason was given for his absence. Application is therefore granted. Appeal is hereby dismissed with one Hundred Naira cost."

A resume of the facts of the case may be briefly stated as follows:-

The appellant as plaintiff had in the Benue State High Court sitting at Makurdi sued the respondent, then defendant, for, inter alia, the following reliefs:-

"1. Specific performance by the defendant of the written agreement made on the 28th day of December, 1984, conveying part of building and premises at No.16 Bank Road, Makurdi, to the plaintiff, wi…

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