SODEINDE BROTHERS (NIGERIA) LTD
V.
ACB LTD

(1982) JELR 46409 (SC)    

Supreme Court  ·  SC.99/1981 ·  28 Jun 1982 ·  Nigeria
 · 
Other Citations
SODEINDE BROTHERS (NIG.) LTD v. A. C. B. LTD (1982) 6 S.C. (REPRINT) 70
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
application
order
court
appeal
ogbu v
supreme court rules
want of prosecution
10th may
matter
s.c. p
chief urum
decision of this court
full court
panel
authorities
chief ogburu urum
counsel
mr. aguda
mr. sofola
regard
affidavit
a. g. irikefe
a. nnamani
application of the applicant
basis of the following cases
chief justice of nigeria
concurrent jurisdiction
counsel mr. sofola
criminal case
face of the judgment of this court
final judgment
force of practice directions
ground
instant application
k. eso
leading judgment
m. bello
m. l. uwais
mr. kehinde sofola
ogbu case
order of 10th may
rules of court
rules of this court
said authorities
said decision of 10th may
see chief iro ogbu
set aside
substantial issues
supreme court
valid grounds

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): This appeal was dismissed by this court on 10th May, 1982 for want of prosecution, the actual default relied upon for dismissal being the fact that the appellant/company had not filed its brief within time as stipulated by the rules of this court (Supreme Court Rules - 1977). The company has now moved that notwithstanding the order of 10th May, 1982 aforesaid, the appeal should again be re-entered. Mr. Kehinde Sofola, SAN., on being told that this application would appear to be on all fours with the decision of this court in Ogbu v. Urum (1981) 4 S.C. p. 1 submitted that the instant application could be distinguished from the facts upon which this court relied in the Ogbu case aforesaid. Alternatively he submitted that on the basis of the following cases:- (a) U.B.A v. Nworah (1978) 11 and 12 S.C. p.1 at p.10; Ojikutu v. Odeh (1954) 14 WACA 640 at 641, Ikwere v. The State (1981) 9 S.C. p.4, Ogunmola v. Igbo (1941) 7 WACA p. 137,…

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