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OLATUBOSUN
V.
TEXACO NIGERIA PLC & ANOR

(2012) JELR 35067 (SC)

Supreme Court 25 May 2012 Nigeria
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- The appellant, after failing to comply within time with conditions of appeal set by the High Court, applied to the Court of Appeal for extension of time to perfect those conditions; the application was dismissed, leading to this interlocu

Case Details

Suit Number:SC.84/2004(R)
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:Adekunle Sobaloju For Appellant Akeem Agbaje with Gboyega Alawode For Respondent

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): This interlocutory appeal is against the Ruling of the Court of Appeal Ibadan delivered on 9th July, 2003 dismissing the Appellant/Applicant's application for extension of time to perfect the conditions of appeal imposed by the trial High court on the Appellant who was also the Appellant/Applicant in the Court of Appeal. Dissatisfied with that decision, the Appellant is now on a further appeal to this court on three grounds of appeal contained in his Notice of Appeal filed on 23rd July, 2003 from which the following issues were distilled in the Appellant's brief of argument. The issues framed in the alternative are:-

"i. Whether the Appellant who is seeking extension of time to perfect the conditions of appeal imposed by the High Court is required under the Court Rules to exhibit the Notice of Appeal to his application.

OR

Whether the failure of the Appellant to exhibit his Notice of Appeal to his application for extension of …

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