S. A. BAMISILE V. J. J. ADOLLO & ORS

AKPATA, J.C.A. (Delivering the Lead Ruling): The plaintiffs succeeded in their action in the High Court for a declaration of title to a parcel of land situate at Eleregun, Ikeja District of Lagos State. The defendant's appeal was dismissed by this Court on Monday the 5th day of June, 1989. Being also dissatisfied with the judgment of this Court the defendant made a motion on notice on 1st August, 1989 seeking leave to appeal to the Supreme Court, that is, less than two months after the said judgment was disposed of but while this Court was on vacation. The motion could not therefore be argued until 20th September, 1989, - three months and fifteen days after the judgment.

Under Section 31(2)(a) of the Supreme Court Act, 1960, time to appeal or seek leave to appeal is within three months from the date of the decision complained of. In the case of Tunji Bowaje v. Moses Adediwura (1976) 3 S.C. 143 at page 146, the Supreme Court held that under Section 31(2)(a) of the Supreme Court Act, "…