WEST AFRICAN SHIPPING AGENCY (NIG.) LTD & ANOR V. ALHAJI MUSA KALLA
August 4, 2025SAMUEL OLADEHIN V. CONTINENTAL TEXTILE MILLS LIMITED
August 4, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 49715
In the Supreme Court of Nigeria
Fri Feb 17, 1978
Suit Number: SC. 88/1976
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
ADEKOLA ALAGBE
APPELLANTS
HIS HIGHNESS SAMUEL ABIMBOLA (The Iluwo of Iwo)
IWO DISTRICT COUNCIL
THE WESTERN NIGERIA DEVELOPMENT
RESPONDENTS
AREA(S) OF LAW
APPEAL – EXTENSION OF TIME
SUMMARY OF FACTS
The appellant applied for extension of time within which to appeal. He had been out of time due to the mistake of counsel.
HELD
The court held that the application ought to have been granted.
ISSUES
Whether the appellant was entitled to the grant of application for extension of time to appeal.
RATIONES DECIDENDI
NEGLIGENCE OF COUNCEL
The court would readily exercise its discretion to extend the periods prescribed for doing an act if it is shown to the satisfaction of the court that the failure by a party to do the act within the period prescribed was caused by the negligence or inadvertence of his counsel- Fatayi- Williams J.S.C.
CONSIDERATION FOR THE GRANT OF APPLICATION FOR EXTENSION OF TIME
CASES CITED
Bowaje v. Adediwura (1976) 6 S.C. 143 at page 147
Akinyede v. The Appraiser (1971) 1 All NLR 162
STATUTES REFERRED TO
Not Available
