(1982) JELR 46387 (SC)    

Supreme Court  ·  SC.3/1982 ·  9 Jul 1982 ·  Nigeria
Other Citations
OSINUPEBI v. SAIBU & ORS. (1982) 7 S.C. (REPRINT) 49
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
grounds of appeal
brief of argument
extension of time
federal court of appeal
record of appeal
supreme court rules
writ of summons
yoruba native law
following words
rules of court
trial court
15th day of june
exercise of the court
high court
procedural steps
supreme court
additional grounds of appeal
amendment of the claim
a. n. aniagolu
a. o. obaseki
breach of the rules of court
briefs of arguments
close examination
complete agreement
filing appeal
g. s. sowemimo
honourable court
judgment of the learned trial judge
labelled grounds of law
lagos state
leading judgment
m. l. uwais
n. a. williams
none of such special circumstances
present case
present form
prima facie
registrar of this court
special circumstances
study of the brief of argument
substitute new grounds
view of the recent practice direction
virtue of our refusal of the present application

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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