Customer Support

OGBECHIE & ORS
V.
ONOCHIE & ORS

(1986) JELR 45282 (SC)

Supreme Court 18 Mar 1986 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant, through counsel Mr. Sofola S.A.N., applied to the Supreme Court under Order 8 Rule 2(5) of the Supreme Court Rules 1985 for leave to file and argue six additional grounds of appeal, all alleged to be grounds of law. - The r

Case Details

Suit Number:SC.193/1985(-R)
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:Mr. Kehinde Sofola, S.A.N. (with him O. Debayo Doherty) For Appellant Mr. Dapo Abudu For Respondent
Other Citations:Ogbechie v. Onochie (1986) NWLR (Pt. 23) 484 (1986) 1 S.C 54, (1986) 2 NWLR (Pt. 23) 484

ESO, J.S.C. (Presiding and Delivering the Leading Judgment): Mr. Kehinde Sofola S.A.N. has applied under Order 8 Rule 2(5) of the Supreme Court Rules 1985 for an order for leave to file and argue six additional grounds of appeal in this case. The six grounds of appeal were all described by learned Senior Advocate as grounds of law. Mr. Sofola's application is dated 12th February 1986.

However, on 13th March 1986, Mr. Dapo Abudu, learned counsel representing the Respondents had filed a notice under Order 2 Rule 9 of the same Rules seeking a preliminary objection to the appeal filed on behalf of the appellants by Mr. Sofola. Mr. Abudu's notice reads as follows: "Take notice that upon the hearing of this application for leave to file and argue additional grounds of appeal, the Respondents shall contend that -

1. The substantive cross-appeal and the motion aforesaid be struck out as being incompetent.

OR ALTERNATIVELY

2. That the cross-appeal be dismissed for want of prosecution.

GROUND…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.