Disable Preloader

CaseLaw

Adegbola V. Idowu (2017) CLR 4(J) (SC)

Judgement delivered on April 13th 2017

Brief

  • Motions - Basis on which motions are argued
  • Extension of time
  • Extension of time to file brief
  • Service of Court Process
  • Jurisdiction
  • Order 6 Rule 5(b) of the Supreme Court Rules
  • Order 2 Rule 1 (2) of the Supreme Court Rules 2014 (as amended)

Facts

By a motion on notice dated 22nd April, 2014 and filed on the 23rd April, 2014, the Appellants/Applicants herein sought for the following reliefs:

  • 1
    Extension of time to file the Appellant/Applicants' Brief of Argument attached to the affidavit and marked Exhibit A.
  • 2
    Granting leave to the Appellants/Applicants to raise a new issue/a new point of law not raised either in the High Court or the Court of Appeal to wit: "Whether or not the learned trial judge and the Court of Appeal have jurisdiction to entertain this action which was instituted in a non–judicial division to wit: "Eruwa Judicial Division."
  • 3
    Granting leave to the Appellant/Applicants to incorporate argument on the new issue/fresh point of law in the Appellants' Brief of argument (Exhibit A).
  • 4
    To deem as Properly filed and served the Appellants' Brief of Argument (Marked Exhibit A) already filed and served.

This motion is predicated on seven grounds and supported by a four paragraphs affidavit sworn to by one Saheed Raji, a legal secretary in the law firm of R A Ogunwole SAN & Co. Solicitors to the Appellants/Applicants.

In opposition to this application, the 1st and 2nd Respondents filed a 28 Paragraphs counter affidavit on 24th May, 2016 and a further counter affidavit to the same motion on notice on the 3rd June, 2016.

In line with the relevant Rules of this Court, parties filed written addresses.

Issues

Applicant formulated a sole issue while the Respondent formulated 2 issues. The...

Read More