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MR. GIDEON OGUNPEHIN v. NUCLEUS VENTURE

(2019) JELR 87104 (SC)

Supreme Court  •  SC.376/2015  •  7 Jun 2019  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC; UWANI MUSA ABBA AJI JSC; Between

Judgement

MARY UKAEGO PETER-ODILI, J.S.C.(Delivering the Leading Judgment): This appeal stems from the order/judgment of the Court of Appeal, Lagos Division or Lower Court or Court below, Coram: J. S. Ikyegh, C. E. lyizoba, A. O. Obaseki - Adejumo JJCA, made on the 7th October, 2012 dismissing the appellant's appeal for want of diligent prosecution for the appellant's failure to file his brief of argument on time.

FACTS BRIEFLY STATED:

The High Court of Lagos State per O. A. Adefope-Okojie J. delivered judgment on the 8th day of March, 2006 against the appellant. The appellant dissatisfied with the decision appealed to the Court of Appeal to determine majorly whether the property which is the subject matter of the appeal was an outright sale or a money lending transaction.

The background facts are as follows:-

On 17th August 1998, the respondent and the appellant executed a contract of sale agreement for the sale of the appellant's property known as 17 Talabi Street, Off Adeniyi Jones Avenue, Ikeja…

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