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ALHAJI LASISI ASALU & Ors v. FATAL SULE DAKAN & Ors

(2006) JELR 35582 (SC)

Supreme Court  •  SC.151/2002  •  26 May 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC;

Judgement

M. MOHAMMED, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal, Ibadan Division delivered on 23/11/2000, refusing to set aside a ruling earlier delivered by that court on 17/11/1994, dismissing an appeal for want of prosecution.

The appellants were the plaintiffs in an action filed by them at the High Court of Justice of Ogun State sitting at Abeokuta in Suit No. HCL/27/80 against the respondent as defendant. At the end of the hearing of the action by the trial High Court, judgment was delivered on 6/11/1985. The appellants who were not happy with the judgment, appealed against it to the Court of Appeal Ibadan. Their learned counsel perfected all the conditions of appeal given at the registry of the trial court where the notice and grounds of appeal were filed. However, nearly 10 years after filing the appeal, by a motion dated 14/10/1994, filed at the Court of Appeal, the respondents prayed the court to dismiss the appellant's appea…

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