Customer Support

OLAORE & ORS.
V.
OKE

(1987) JELR 42686 (SC)

Supreme Court 4 Dec 1987 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:SC.12/1986
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Chief A. M. O. Akande For Appellant K. S. Sofola, SAN (with him Ms. B. F. Bello) For Respondent
Other Citations:Olaore v. Oke (1987) NWLR (Pt. 67) 769 (1987) 12 S.C 1 (1987) 11-12 SCNJ 64

CRAIG, J.S.C. (Delivering the Leading Judgment): On the 12th of October 1987, after hearing oral arguments from learned Counsel the court allowed this appeal and adjourned till today 4th December 1987 to give reasons for the judgment. I now give my reasons for agreeing that the appeal be allowed.

The scope of this appeal falls within a narrow compass and it is whether an appeal can be determined by an order made under a rule of court which was not in existence at the time that the order was made.

The undisputed facts of this case are that when this matter came up before the lower court at one of the preliminary hearings, the presiding Justice made the following order:-

"Chief A.M.O. Akande for Appellant

K. S. Sofola for Respondent

Court: In view of the new grounds of appeal now filed which are very detailed, the parties agree to file brief of argument and exchange same in this appeal which is now fixed for 13th March 1985.

(SGD.) ADENEKAN ADEMOLA."

The appeal eventually came up for …

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.