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OWONIBOYS TECHNICAL SERVICES LTD V. JOHN HOLT LTD

(1991) JELR 42039 (SC)

Supreme Court  •  SC.269/1988  •  19 Jul 1991  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; UCHE OMO JSC; PAUL KEMDILIM NWOKEDI JSC;

Judgement

U. OMO, J.S.C. (Delivering the Leading Judgment): Set out hereafter are my reasons for allowing this appeal with N500 costs to the appellant when it was argued on 11/6/91.

There is really only one issue for determination in this appeal, to wit, whether the Court of Appeal properly complied with the provisions of section 31(2) of the Supreme Court Act 1960 by granting leave to the respondent to appeal against its decision to the Supreme Court, when the statutory period therein provided for so appealing i.e. 90 days, had expired.

The admitted facts are that the Court of Appeal delivered its judgment sought to be appealed against on 7/7/88. On 5/8/88 the respondent filed an application for leave to appeal to the Supreme Court because the grounds of appeal filed were of mixed law and facts. On 13/10/88, 3 months and six days after, this application was granted.

It is trite law that both the leave to appeal and the notice of appeal itself must be filed within the 3 months prescribed by sec…

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