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CHIEF JOHN OYEGUN v. CHIEF FRANCIS ARTHUR NZERIBE

(2010) JELR 47507 (SC)

Supreme Court  •  SC.324/2002  •  4 Jun 2010  •  Nigeria

Coram
NIKI TOBI JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; JOHN AFOLABI FABIYI JSC;

Judgement

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Ruling (decision) of the Court of Appeal, Port-Harcourt Division (hereinafter called "the court below") delivered on 18th April, 2002 refusing and dismissing, the application or the Appellant for an extension of time to appeal against the Judgment of the High court of Imo State sitting at Oguta in Suit No. HOG/3/96, delivered on 23rd October, 1996.

Dissatisfied with the said decision, the Appellant has appealed to this Court.

He has formulated three (3) issues for determination, namely,

ISSUE ONE

Whether by refusing to extend the time within which the Defendant/Applicant/Appellant can appeal against the judgment against (sic) and thereby shutting him out of judicial remedy eternally, did not amount to an infringement of his fundamental right to fair hearing as enshrined in Section 36 or the 1999 Constitution of the Federal Republic of Nigeria.

ISSUE TWO

Whether the Court of Appeal was right in rejeā€¦

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