BENSON
V.
NIGERIAN AGIP OIL COMPANY LTD.

(1982) JELR 40175 (SC)    

Supreme Court  ·  SC.96/1981 ·  3 May 1982 ·  Nigeria
 · 
Other Citations
BENSON v. NIGERIAN AGIP OIL CO. LTD. (1982) 5 S.C. (REPRINT) 1
CORAM
GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria AYO G. IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS O. OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU L. UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
application
jsc
order
rule
court
supreme court rules
want of prosecution
26th april
affidavit
counsel
extension of time
n300 costs
reasons
substantial reasons
applicant
chief justice
exceptional circumstances
respondent
special circumstances
28th april
a. g. irikefe
alternative
a. nnamani
a. o. obaseki
appellant's application
attention
c. idigbe
day
delay
failure
failure of the appellant
grant of extension of time
g. s. sowemimo
hon. chief justice
illness of counsel
junior counsel
k. eso
leading judgment
lord
m. l. uwais
motion
non-compliance
oral argument
prescribed rules
relief
rules of the supreme court
such substantial reasons
way
year practice direction

G. S. Sowemimo, JSC. (Delivering the Leading Judgment): On 26th April, this year practice direction was read out in court by the Hon. Chief Justice and was well circularised and published with regards to failure to comply with the rules of the Supreme Court, 1977.

An application was filed by the respondent on 26th April that this appeal be dismissed for failure of the appellant to file his brief within the prescribed rules Order 9 Rule 7. The counsel for the appellant drew our attention that he has filed another application on 28th April, 1982, asking in the alternative for extension of time to file brief or because of some special circumstances be allowed to adduce oral argument, no special circumstances were disclosed and therefore the appellant's application is refused.

The appeal will be dismissed for want of prosecution under Order 9 Rule 7 of the Supreme Court Rules with N300 costs against the appellant.

A. G. IRIKEFE, JSC.: I am not satisfied that this application has merit. Th…

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