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OSINUPEBI
V.
SAIBU & ORS

(1982) JELR 46387 (SC)

Supreme Court 9 Jul 1982 Nigeria
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- The applicant's motion to substitute and argue new grounds of appeal and amend the writ of summons was dismissed. - The applicant failed to show any special circumstances for granting the application. - The court found that there was no a

Case Details

Suit Number:SC.3/1982
Judges:GEORGE SODEINDE SOWEMIMO JSC CHUKWUNWEIKE IDIGBE JSC ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC
Counsel:S. B. Joseph For the Appellant. Chief S. O. Morohundiya, (with him, A. Gbeleyi) For the Respondents.
Other Citations:OSINUPEBI v. SAIBU & ORS. (1982) 7 S.C. (REPRINT) 49

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): When the applicant's motion was dismissed, I indicated that I would give my reasons. The applicant applied:

(1) for leave to substitute and argue the grounds of appeal contained in the briefs of arguments already filed, for the grounds of appeal appearing on pp. 208-209 of the Record of Appeal; and

(2) for an order amending the writ of summons at p. 1 of the Record of Appeal by adding after the word 'owner' the following words "subject to the equities, if any, of the respondent."

If the application is granted, it will amount to an extension of time for filing appeal from the Federal Court of Appeal. It has been held that when such an application is made special circumstances should be shown why it should be granted.

None of such special circumstances are shown in the affidavit sworn in support of the motion paper. As I earlier indicated, the application was refused. It logically follows that in view of the recent practice direc…

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