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MRS. ADETOUN OMO-OGUNKOYA V. FUNSO OMO-OGUNKOYA & ANOR

(1989) JELR 47916 (CA)

Court of Appeal  •  CA/L/46/88  •  25 Oct 1989  •  Nigeria

Coram
EPHRAIM OMOROSE IBUKUN AKPATA JCA; BOLARINWA OYEGOKE BABALAKIN JCA; UMARU ATU KALGO JCA;

Judgement

AKPATA, J.C.A. (Delivering the Lead Ruling): The simple point in this application is whether the practice Direction of the President of this Court dated 1st day of July, 1988, which is to the effect that time will not run during vacation in computing the time within which an application for leave to appeal may be made, is applicable to applications for leave to appeal to the Supreme Court. If the answer is in the negative, then the question which arises is whether, in view of the practice in the Supreme Court to such or similar applications in respect of which time does not run during vacation, time will still run in such applications in this Court.

The action of the plaintiff in the High Court of Lagos State claiming, amongst other reliefs, a declaration that as a wife under Yoruba Custom, Otunba Adekunle Omo-Ogunkoya (deceased) she was entitled to reside in the family property situate at 42, Oritshe Street, Ikeja, was dismissed. Her appeal to this court was also dismissed on 13th Ju…

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