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AZEEZ AKEREDOLU & OTHERS V. LASISI AKINREMI

(1985) JELR 47900 (SC)

Supreme Court  •  SC.187/1985(-R1)  •  22 Nov 1985  •  Nigeria

Coram
AYO GABRIEL IRIKEFE CJN KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC BOONYAMIN OLADIRAN KAZEEM JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC

Appearances
Chief F.R.A. Williams, S.A.N. (with him F.R.A. Williams, Jnr.) For the Appellant; Chief G. O. K. Ajayi, S.A.N. (with him K. Lalude, A. Oduba and Miss Ayo Ogunsola) For the Respondent.

Judgement

A. N. ANIAGOLU, J.S.C. (Delivering the Leading judgment): A preliminary question dealing with the computation of the times and periods prescribed by Section 31 of the Supreme Court Act 1960, has arisen in this appeal which came from the Court of Appeal, Ibadan, on a judgment delivered by that court, sitting on appeal on a judgment of the High Court, Ilaro, in respect of a claim for ownership of a piece of land situate in Otta, Ogun State, along Lagos/Abeokuta Road. The respondent says that the appeal was filed out of time and has raised this by way of preliminary objection.

Judgment of the Court of Appeal was delivered on Wednesday, 10th April, 1985. Mr. Ajayi, S.A.N., stated that the notice of appeal was filed on 10th July, 1985. Chief Williams, S.A.N., although arguing that the three months expiry date for filing the appeal should be the 10th day July, 1985, stated that in fact he filed his appeal on 8th July, 1985. I have since checked the file from the Court of Appeal and the rec…

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