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CHIEF IRO OGBU & ORS V. CHIEF OGBURU URUM & ANOR

(1981) JELR 39583 (SC)

Supreme Court  •  SC.18/1980  •  3 Apr 1981  •  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&#x27; counsel has moved this Court in terms of his motion on notice for an order.</p><p> &quot;(1)That this appeal be re-entered; and</p><p> (2) For the enlargement of time within which to file and serve the appellants&#x27; brief as required by Order IX Rule 3 (1)&quot;.</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&#x27; counsel, Chief Bayo Kehinde, SAN., in cour…</p>

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