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CaseLaw

NNPC V. Samfadek & Sons (2018) CLR 2(x) (SC)

Judgement delivered on February 16th 2018

Brief

  • Extension of time to Appeal – Does mistake of counsel qualify as special circumstance to justify extension
  • Judgement – Validity of until set aside
  • Mistake of Counsel – Propriety of visiting same on litigant
  • Mistake of Counsel – Propriety of visiting same on litigant and exceptions to
  • Section 132 of the Evidence Act 2011
  • Section 133 of the Evidence Act 2011
  • Order 2 Rule 31 of the Supreme Court Rules

Facts

This application, argued on 28th November 2017 was filed on 6th April 2017. It prays for two principal reliefs, to wit

  • 1.
    An order for extension of time within which the Appellant/Applicant may appeal against the judgment of the Court of Appeal, Lagos Division in the appeal No. CA/L/214/93 delivered on the 27th May 1996.
  • 2.
    An order granting leave to the Appellant/Applicant to rely on the Records of Appeal and the Amended Appellant's Brief of Argument filed in this appeal.

In the unanimous decision of the Court of Appeal in the appeal No. CA/L/214/98 on 27th May 1996 (per Uwaifo, Ayoola & Pats-Acholonu, JJ.C.A. as they were then) more than - 21 years before this instant application, a consequential order was made remitting the case No.ID/1532/89 to the trial judge, Oduneye, J. of Lagos State High Court – For compensation due the 2nd Respondent (Samfadek and Sons Ltd) under the (Oil Pipelines) Act to be properly addressed.

This was not appealed, at least then. This is the order the Appellant/Applicant now, by this application, wants to appeal within another appeal (the instant appeal SC.108/2005) before this Court against the subsequent decisions of the Court of Appeal Nos. CA/L/178/98 & CA/L/214/99.

Issues

  • Whether to grant the application...
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