CHIEF T. O. S. BENSON V. NIGERIAN AGIP OIL COMPANY LIMITED

G. S. Sowemimo, JSC. (Delivering the Leading Judgment): On 26th April, this year practice direction was read out in court by the Hon. Chief Justice and was well circularised and published with regards to failure to comply with the rules of the Supreme Court, 1977.

An application was filed by the respondent on 26th April that this appeal be dismissed for failure of the appellant to file his brief within the prescribed rules Order 9 Rule 7. The counsel for the appellant drew our attention that he has filed another application on 28th April, 1982, asking in the alternative for extension of time to file brief or because of some special circumstances be allowed to adduce oral argument, no special circumstances were disclosed and therefore the appellant's application is refused.

The appeal will be dismissed for want of prosecution under Order 9 Rule 7 of the Supreme Court Rules with N300 costs against the appellant.

A. G. IRIKEFE, JSC.: I am not satisfied that this application has merit. Th…