CHIEF IRO OGBU & ORS V. CHIEF OGBURU URUM & ANOR
(1981) JELR 39583 (SC)
Supreme Court
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SC.18/1980
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3 Apr 1981
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Nigeria
Coram
MOHAMMED BELLO JSC;
AUGUSTINE NNAMANI JSC;
ANDREWS OTUTU OBASEKI JSC;
MUHAMMADU LAWAL UWAIS JSC;
GEORGE SODEINDE SOWEMIMO JSC;
Appearances
Mr. Chike Ofodile, SAN (with him Mr. P. N. Onyeabor) For Appellant
Chief B. Kehinde, SAN (with him O. J. Idigbe, Esq.) For Respondent
Judgement
<p>A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): My Lords, The applicants' counsel has moved this Court in terms of his motion on notice for an order.</p><p> "(1)That this appeal be re-entered; and</p><p> (2) For the enlargement of time within which to file and serve the appellants' brief as required by Order IX Rule 3 (1)".</p><p> The application is supported by affidavit evidence of 21 paragraphs and a further affidavit evidence of 4 paragraphs sworn by Otuwe Ugwu one of the applicants.</p><p> There is a counter-affidavit sworn by one Agwu Kalu Obos a member of the people of Amaeke, Abriba represented by the respondents.</p><p> It is common ground among the parties and their counsel that the appeal No. S.C. 18/1980 was listed for hearing before this Court on 24th day of November, 1980; that the appellants defaulted in filing their briefs as required by Order 9 rule 3 of the Supreme Court Rules 1977 within the extended time; and that on the application of respondents' counsel, Chief Bayo Kehinde, SAN., in cour…</p>