ADESESAN AFOLORUNSO OGUNTAYO & ORS V. CHIEF KESSIGNTON A. ADEBUTU & ORS

MUHAMMAD, J.C.A. (Delivering the Lead Ruling): Judgment in this matter was delivered at the Federal High Court, Lagos on 13th December, 1990. The appellants herein, who were the defendants at the lower court, were dissatisfied with the decision. They filed their Notice of Appeal on 24th December, 1990. The Record of Appeal was not settled until on 22nd July 1992. The record of Appeal was not received in the Court of Appeal until sometime in 1995. On 17th February 1995 the Registry of this Court wrote to the parties informing them of the receipt of the Record of Appeal and requesting them to file their briefs of arguments in accordance with the Rules. The appellants failed to file their brief within the stipulated time. By a motion on notice dated 26th June 1995, the Respondents prayed for the dismissal of the appeal for want of prosecution. Whereupon the appellants filed a motion dated 10th July, 1995 asking for enlargement of time within which to file their brief of argument. The app…