(2004) JELR 45023 (SC)    

Supreme Court  ·  SC.193/2001 ·  17 Dec 2004 ·  Nigeria
Other Citations
Ekpeto v. Wanogho (2004) 18 NWLR (Pt.905) 394 (2004) 20 NSCQR 333
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
extension of time
fair hearing
conditions precedent
learned counsel
issue of fair hearing
leading judgment
notice of appeal
additional grounds of appeal
benin city
provisions of order
5-paragraph affidavit
breach of the rule of fair hearing
case of the appellants
copies of their record of appeal
delta state high court
dismissal of an appeal
enlargement of time
file brief
final analysis
first issue deals
following order
hon. justices files
learned trial judge
lordships files
motion of 17th august
order of this honourable court
protracted land case
relevant court files
respective briefs of argument
respective counsel
rules of this court
rules of this court n500.00 costs
rules of this honourable court
second condition
support of that motion
true record of proceedings

KALGO, J.S.C. (Delivering the Leading Judgment): This appeal arose out of a protracted land case between the parties in the Delta State High Court. The appellants were the plaintiffs at the trial. At the end of the trial, the learned trial Judge dismissed the case of the appellants in its entirety on the 7th of June, 1994. They appealed to the Court of Appeal, Benin City, vide a notice of appeal which was filed on 4th of July, 1994. By a letter dated 18th of March, 1999, signed by A.O. Olisa, Senior Registrar of the Delta State High Court, the certified true record of proceedings and the exhibits in the case were forwarded to the Court of Appeal, Benin City and both the appellants and the respondents received copies of their record of appeal through their respective counsel. This fact was not in dispute between the parties.

On the 30th of June, 1999, the respondents filed a motion in the Court of Appeal praying the court to dismiss the appellants' appeal "for want of diligent prosecut…

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