WESTERN STEEL WORKS LTD & ANOR. V. IRON & STEEL WORKERS UNION & ANOR.

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- The key issue was whether a decision of the Court of Appeal on the question of jurisdiction—specifically, holding that the High Court had jurisdiction after the High Court had previously declined jurisdiction—constituted a final or interl

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Suit Number:SC.225/1985(-R)

Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Counsel:A.B.C. Ogbogbo, Esq. (for Dickson D.I. Osuala, Esq.) For Appellant O. A. Ogunde, Esq. For Respondent

OBASEKI, JSC (DELIVERING THE LEADING RULING): The respondents in this appeal seek:

(1) order of dismissal of the appeal for want of prosecution or alternatively;

(2) an order striking out the appeal for non-compliance with section 31 of the Supreme Court Act 1960 or more expressly, for filing their notice of appeal outside the statutory period for filing notice of appeal against interlocutory decisions.

The grounds upon which the application for dismissal was brought as stated in the applicants' notice of motion are:

"(1) The record of appeal was received by the appellants on the 18th November, 1985;

(2) The appellants ought to have filed their appellants' brief on or before 27th January, 1986;

(3) As at 28th January, 1986, no brief has been filed by the appellants."

The grounds on which the alternative prayer was founded are:

(1) Judgment was delivered by the Court of Appeal on 17th July, 1985;

(2) The decision of the Court of Appeal was on an appeal against the interlocutory decisi…

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WESTERN STEEL WORKS LTD & ANOR.
V.
IRON & STEEL WORKERS UNION & ANOR.