n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Surakatu V. Nigeria Housing Dev. Society (1981) CLR 4(a) (SC)

Judgement delivered on April 10th 1981

Brief

  • Appellants bond

Facts

The case which is now the subject of the appeal before this Court first came before the Federal Court of Appeal on an appeal from the High Court of Lagos State. At the hearing before the said Court of Appeal on 7th June, 1977, learned counsel for the respondents raised two preliminary objections to the hearing of the appeal, namely -

  • 1
    that the Bond of appeal executed by the appellant was defective, and
  • 2
    that the Bond did not provide for the due prosecution of the appeal.

It was found that the bond executed was defective, and the Federal Court of Appeal, on the authority of Adesina Moses vs. Saibu Ogunlabi accordingly struck out the appeal.

On appeal to the Supreme Court against the striking out of the appeal.

Issues

  • 1
    Whether failure to property execute a bond for the due prosecution of...

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