IBODO & ORS.
V.
ENAROFIA
·
ANIAGOLU, JSC (Delivering the Leading Judgment): The application which was brought, under Order 1 Rule 5 of the Supreme Court Rules, 1977, by the plaintiffs/applicants, Ukpe Ibodo and Others, and which was for extension of time within which to appeal, and for extension of time within which to apply for leave to appeal, to the Supreme Court, against the judgment of the Federal Court of Appeal, was dismissed by this court on 28th April, 1980, and the reasons for the dismissal were reserved for delivery to this date. We now give our said reasons for the said dismissal.
Since the delivery of the judgment of the Federal Court of Appeal in this land case on 1st February, 1979, the attempt of the plaintiffs/applicants to appeal to the Supreme Court has had, from what is to be gathered from the affidavit of Ukpe Ibodo sworn to on 2nd November 1979, a tortuous passage. It would appear that the first motion for leave to appeal was heard by the Federal Court of Appeal in Benin on 5th April 1979.…