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OGBU & ORS
V.
URUM & ANOR

(1981) JELR 39583 (SC)

Supreme Court 3 Apr 1981 Nigeria
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- The applicants, having lost in the High Court and the Federal Court of Appeal, appealed to the Supreme Court but failed to file their appellants' brief within the prescribed and extended time due to their counsel’s ill-health. - On 24 Nov

Case Details

Suit Number:SC.18/1980
Judges:MOHAMMED BELLO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Counsel:Mr. Chike Ofodile, SAN (with him Mr. P. N. Onyeabor) For Appellant Chief B. Kehinde, SAN (with him O. J. Idigbe, Esq.) For Respondent
Other Citations:(1981) All N.L.R 324 Ogbu v. Urum (1981) 4 S.C. 16

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): My Lords, The applicants' counsel has moved this Court in terms of his motion on notice for an order.

"(1)That this appeal be re-entered; and

(2) For the enlargement of time within which to file and serve the appellants' brief as required by Order IX Rule 3 (1)".

The application is supported by affidavit evidence of 21 paragraphs and a further affidavit evidence of 4 paragraphs sworn by Otuwe Ugwu one of the applicants.

There is a counter-affidavit sworn by one Agwu Kalu Obos a member of the people of Amaeke, Abriba represented by the respondents.

It is common ground among the parties and their counsel that the appeal No. S.C. 18/1980 was listed for hearing before this Court on 24th day of November, 1980; that the appellants defaulted in filing their briefs as required by Order 9 rule 3 of the Supreme Court Rules 1977 within the extended time; and that on the application of respondents' counsel, Chief Bayo Kehinde, SAN., in cour…

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