(1998) JELR 45674 (SC)    

Supreme Court  ·  SC.261/1991 ·  15 May 1998 ·  Nigeria
Other Citations
Long-John v. Blakk (1998) 6 NWLR (Pt.555)524 (1998) 5 S.C 83
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
extension of time
court of appeal
brief of argument
12th january
record of appeal
procedural steps
exceptional circumstances
exercise of its discretion
learned justices of the court of appeal
provisions of order
court of appeal rules
previous decision
trial court
chambers of c.o. akpamgbo
chief r.r. briggs of port harcourt
decision of the court of appeal
dismissal of the defendants
exercise of the court
main reason
negligence of the appellants
applicable law
back-ground facts
carelessness of miss eugenia mba
case of iroeghu
circumstances of a given case
circumstances of this case
clear terms
court of appeal exercise
customary right of occupancy
days of the grant of my application
decision of the trial court
following cases
following terms
following week
kalabari native law
leading judgment
learned justices of court of appeal
learned trial judge
practice directions of this court
said c.o. akpamgbo
similar cases
usual practice of the courts

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division, delivered on the 23rd day of February, 1988. By this decision, the defendants/appellants' application for extension of time within which to file their brief of argument was refused but the plaintiffs/respondents' application for the dismissal of the defendants/appellants' appeal for want of prosecution was granted and the defendants/appellants' appeal was accordingly dismissed with costs.

It seems to me desirable at this stage to set out briefly the back-ground facts to the present dispute between the parties which have culminated in this appeal.

By consolidated suits numbers PHC/36/73 and PHC/37/73, the respondents, as plaintiffs, claimed against the appellants, as defendants, as follows:-

"1. A declaration that the plaintiffs are entitled to the customary right of occupancy according to Kalabari Native Law and Custom to all the piece or parcel of land know…

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