NWASHIRI OFOHA V. THE STATE
August 8, 2025PETER NWACHUKWU EZE V. THE STATE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 16129
In the Supreme Court of Nigeria
Fri Jan 16, 1976
Suit Number: SC. 272/1976
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
ADEKUNLE OJORA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The present applicant was the defendant in the Lagos High Court where the trial judge entered a judgment of non-suit against the plaintiff. Being dissatisfied with the said judgment, the plaintiff filed a notice of appeal and, for his part; the defendant filed the present application. The plaintiffs later filed a notice of withdrawal of his appeal and the appeal was accordingly dismissed by this court. At the hearing of this application, the only portion of the application pursued by the applicant was for an order for extension of time within which to file an appeal.
HELD
The application failed and the appeal was dismissed.
ISSUES
That the decision of the court below be varied by substituting for the order of non-suit an order dismissing the plaintiffs claim.
RATIONES DECIDENDI
FACTORS TO CONSIDER BEFORE A GRANT OR REFUSAL FOR AN APPLICATION FOR APPEALING OUT OF TIME
“In deciding whether to grant or refuse an application for appealing out of time, the length of time that has elapsed is always a material factor.” Per MADARIKAN, JSC.
FACTORS TO CONSIDER BEFORE A GRANT OR REFUSAL FOR AN APPLICATION FOR APPEALING OUT OF TIME
“As the court will only grant extension of time for appealing under very good circumstances.” Per MADARIKAN, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
