KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 5th December, 1989 the Court of Appeal, on the application of the respondent dismissed the appeal of the appellant for want of prosecution. The specific ground for the application was the failure of the appellant to file his brief of argument under Order 6, rule 10 of its rules 1981. The respondent to this appeal, who was the appellant in the court below on a motion dated 5th February, 1990 sought to set aside the order of the 5th December, 1989 dismissing the appeal for want of prosecution as aforesaid. Appellant also sought in the same application for an order restoring the appeal on the list. Appellant to regularize his position sought for an order for enlargement of time within which to file appellant's brief, and to deem as properly filed the Notice and amended grounds of appeal filed on Tuesday the 23rd day of January, 1990. The 3rd and 4th prayers are not relevant in this appeal. The only prayer in issue is the pray…
OLOWU & ORS
V.
ABOLORE & ANOR
(1993) JELR 43243 (SC)
Supreme Court 4 Jun 1993 Nigeria
BriefBot Summary
- The appellant's appeal was dismissed by the Court of Appeal for want of prosecution due to the appellant's failure to file a brief of argument. - The appellant then sought to set aside the order of dismissal and restore the appeal on the
Case Details
Suit Number:SC.302/90
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC
SAIDU KAWU JSC
SALIHU MODIBBO ALFA BELGORE JSC
OLAJIDE OLATAWURA JSC
IDRIS LEGBO KUTIGI JSC
Counsel:Appellants unrepresented;
Respondents unrepresented.
Other Citations:Olowu v. Abolore (1993) 5 NWLR (Pt.293)255-384 (1993) 6 SCNJ 1, (1993) 5 NWLR (Pt. 293) 255, (1993) JELR 71749 (SC)
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