S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): All Courts of record exercise their discretion on facts before them. One of the cardinal principles of our judicial system is the rights to various stages of appeal. Though right of appeal is not always of right, all appeals are to be filed within the periods specified by the various substantive statutes and the Constitution. Once a party has failed to appeal within the time stipulated in the statute, he should not be despondent, as he in certain cases can ask for enlargement of time within which to do so. But the Court will only accede to this enlargement of time on disclosure of good and substantial reasons why the time specified within which to appeal has not been adhered to Williams v. Hope Rising Voluntary Funds Society (1982) 1 All NLR 1. The Court's discretion will only be granted if it is clearly shown that the failure to appeal within the time stipulated by law was not due to dilatoriness and or deliberate non observ…
ORUCHE
V.
COP, DELTA STATE
(1997) JELR 45489 (SC)
Supreme Court 13 Mar 1997 Nigeria
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Case Details
Suit Number:SC.44/1997.
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:A.C. Emengo For Appellant
N.D.F. Momah, Principal Legal Officer, Ministry of Justice, Delta State For Respondent
Other Citations:Oruche v. C.O.P (1997) 4 NWLR (Pt.497)
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