HON. JUSTICE K. O. ANYAH (RTD) VS IMO CONCORDE HOTELS LTD.
June 18, 2025NATIONAL ELECTRIC POWER AUTHORITY APPELLANT VS MR. B. EDEGBERO & ORS
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 61812
In the Supreme Court of Nigeria
Fri Dec 13, 2002
Suit Number: SC. 49/1997
CORAM
MOHAMMADU LAWAL UWAIS CHIEF JUSTICE, NIGERIA
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
PARTIES
AUTO IMPORT EXPORT APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s appeal was filed two days out of time. The appellant contended that under the practice direction of the Supreme Court, time does not run during vacation and that it application for leave to appeal out of time was granted in chambers. ?
HELD
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12The court held that the practice direction applies only to briefs and that the motion under which leave was allegedly granted in chambers was not served on the respondents. The appeal was struck out. ?
ISSUES
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 121. Whether the Supreme Court has jurisdiction to entertain an Appeal filed out of time.2. Whether the Supreme Court may on ground of want of jurisdiction properly set aside its own order extending time for filing the Notice of Appeal.?
RATIONES DECIDENDI
FAILURE TO SERVE HEARING NOTICE
Under our adversary system of jurisprudence, to hear a case without one of the parties having been served with the necessary process except in a proper ex parte proceedings would render the trial a nullity Iguh J.S.C
TIME FOR FILING AN APPEAL DOES NOT CEASE TO RUN DURING VACATION
Neither Practice Directions nor, indeed, Rules of Court can overrule Statutory Provisions. Section 27(2)(a) of the Supreme Court Act, Cap. 424, Laws of the Federation of Nigeria, 1990 which makes provision in respect of the periods of time within which to appeal has neither stipulated nor suggested that the time therein prescribed shall cease to run during periods of vacation- Iguh J.S.C
CASES CITED
Azeez Akeredolu and others V. Lasisi Akinremi (1985) 2 N.W.L.R. (Part 10) 787Kudiabor V. Kudanu 6 W.A.C.A. 14Oranye V. Jibowu 1950 13 W.A.C.A. 41. Ohene Moore V. Akesseh Tayee 2 W.A.C.A. 43Skenconsult Nig. Ltd and Another V. Godwin Ukey (1981)1 S.C. 6 at 26. Adeigbe and Another V. Guthrie (1993) 4 S.C.N.J. 1 at 17Salisu Idris Saliyim and ors V. Alhaji Mashi and others (1975) 1 N.M.L.R. 55 at 58.Craig V. Kanssen (1943) K.B. 256?
STATUTES REFERRED TO
The Supreme Court ActThe 1999 Constitution
