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RASAKI
V.
AJIJOLA

(2017) JELR 56474 (SC)

Supreme Court 7 Apr 2017 Nigeria
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Case Details

Suit Number:SC. 825/2016
Judges:OLABODE RHODES-VIVOUR JSC (Presided) CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC (Read the Lead Judgment) PAUL ADAMU GALINJE JSC
Counsel:Ahmed Raji SAN, FCIArb (U.K.) (with him, Peter Nwatu Esq., Henry Nwakpa Esq., Titilayo Ajao (Miss), Mukhtar Aliyu Esq., David Ogundipe Esq., Olamide Agbaje (Miss), -*- Emmanuella Senlong (Miss), Omojeme Urueshone Esq., Abdulka dir Aminu Esq., Doyinsola Alege (Miss) , Adedolapo Alege Esq. and Ayewale Folarin Esq.) - for the Appellants . -*- M. J. Onigbanjo SAN [with him, C.N. Okakpu (Miss), -*- Chris Iloka Esq. and Chioma Ezeobika (Miss)] - for the -*- 1st Respondent . -*- Musibau Adetunbi, Esq. (with him, A.A. Muhammad, Esq., Barbara T. Onwubiko (Miss), Abdul Wasiu Lawal, Esq. -*- and A.A. Abdul Raheem, Esq.) - for the 2nd Respondent .

SANUSI JSC (Delivering the Lead Judgment): This appeal emanated from the Ekiti Division of the Court of Appeal (the court below) and is against the ruling of the court below, delivered on 4 October 216 in appeal No. CA/EK/51/2015. The gravamen of the appeal is inadequacy or short payment of appropriate filing fees in respect of the appellants’ brief of argument filed in the court below, as appellants’ threat. The alleged inadequacy or short payment of the filing fees in respect of the said process in that court was suo motu raised by the court below which invited the learned counsel to the parties to address it on the issue. After listening to the addresses/or submissions by parties’ learned counsel in the appeal before it, the lower court arrived at the conclusion that there was no competent appellants’ brief of argument and it consequently struck out the appellants’ brief of argument and the entire appeal filed thereat, on the ground that the appellants’ brief of argument filed …

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