CaseLaw
Oyeyipo V. Oyinloye (1987) CLR 2(d) (SC)
Judgement delivered on February 20th, 1987
Brief
Facts
Appellant had lodged an appeal against the decision of the Court of Appeal Kaduna Division (the same day of the trial court judgement).
On the 2nd of May, 1986, the records of appeal were delivered to the Supreme Court and this left (according to the rules of court) the appellant with ten weeks to take necessary steps in the Supreme Court in prosecution of the appeal- Order 6 rule 5(1) Supreme Court Rules, 1985.
In effect, they had up to 11th of July, 1986, to file their briefs. Note that the time could, on a proper application, be extended pursuant to Order 2 Rule 3091) of the Supreme Court Rules. The appellants neither filed their briefs nor applied for extension of time within which to file.
On the 27th of October, 1986, the respondents filed a motion on notice, pursuant to Order 6 rule 8(1) Supreme Court Rules for dismissal of appellants’ appeal for want of prosecution. Appellants were served the same day.
On the 12th of November, 1986, the Supreme court sat in Chambers, considered the application (without attendance or oral argument by parties), and being satisfied that the appellants have failed to file their briefs within the time stipulated, dismissed the appeal for want of prosecution. The appellants brought an application, seeking to re-open and set aside the judgment of the Supreme Court dated 12th November, 1986 which dismissed the appeal of the appellants against the judgment of the Court of Appeal.