SODEINDE BROTHERS (NIGERIA) LTD V. AFRICAN CONTINENTAL BANK LTD

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): This appeal was dismissed by this court on 10th May, 1982 for want of prosecution, the actual default relied upon for dismissal being the fact that the appellant/company had not filed its brief within time as stipulated by the rules of this court (Supreme Court Rules - 1977). The company has now moved that notwithstanding the order of 10th May, 1982 aforesaid, the appeal should again be re-entered. Mr. Kehinde Sofola, SAN., on being told that this application would appear to be on all fours with the decision of this court in Ogbu v. Urum (1981) 4 S.C. p. 1 submitted that the instant application could be distinguished from the facts upon which this court relied in the Ogbu case aforesaid. Alternatively he submitted that on the basis of the following cases:- (a) U.B.A v. Nworah (1978) 11 and 12 S.C. p.1 at p.10; Ojikutu v. Odeh (1954) 14 WACA 640 at 641, Ikwere v. The State (1981) 9 S.C. p.4, Ogunmola v. Igbo (1941) 7 WACA p. 137,…