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DANIEL OSAREN OMOREGIE V. GABRIEL A. EMOVON

(1982) JELR 46385 (SC)

Supreme Court  •  SC.1/1982  •  7 Jun 1982  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC;

Appearances
Dr. S. S. G. Enemeri For Appellant K. S. Okeaya-inneh For Respondent

Judgement

A. G. IRIKEFE, J.S.C.: This application clearly lacks merit. Two grounds are listed for seeking the orders prayed for, namely, sudden illness which inhibited the taking of timely steps for the prosecution of the appeal and inability to perfect counsel's instructions in time. In view of the Practice Directions recently promulgated by the Chief Justice of Nigeria, I am not persuaded that the reasons stated are sufficient to enable me grant the orders sought.

Accordingly this application fails and it is dismissed. In the result, the appeal itself stands dismissed for want of prosecution with N300 costs in favour of the respondent.

M. BELLO, J.S.C.: The only reason given for the delay in filing the brief was that the appellant was ill and did not perfect instruction to counsel. Since the issuance of Practice Directions, this court will not extend the time within which to file brief simply for non-payment of counsel's fees.The application is dismissed. The appeal is also dismissed for wantโ€ฆ

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