YEKINI ONIGBEDEN & ANOR V ISHOLA BALOGUN & ANOR
August 9, 2025GEORGE ERABOR VS INCAR NIGERIA LIMITED
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 81484
In the Supreme Court of Nigeria
Mon Apr 21, 1975
Suit Number: SC. 334/1974
CORAM
DAHIRU MUSDAPHER,(Lead Judgment) JUSTICE ,SUPREME COURT
GEORGE B.A. COKERNJUSTICE, SUPREME COURT
ATANDA FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
ADESHINA MOSESVICTORIA OLANREWAJU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were sued in the trial Court for a declaration that a Volkswagen Bus was the property of the Respondents, damages for the wrongful detention of the said Bus and a return of the bus or its value. The trial Court gave judgement in favour of the Respondents and the Appellants brought this appeal to the Supreme Court and applied for an extension of time within which to file a Notice of Appeal.
HELD
The Supreme Court held that it was not satisfied with the grounds given by the Appellant for the delay and the appeal is not competent. The Appeal was struck out as not being properly before the Court.
ISSUES
Whether the Court should dispose of the appellants application for extension of the time within which to file a Notice of Appeal
RATIONES DECIDENDI
EXERCISE OF RIGHT OF APPEAL
“In order to be entitled to exercise a right of appeal, the appellant must come within the provisions of the statutes creating such a right. We have concluded that the defendants appeal is not competent and it is struck out as not being properly before us.” Per G. B. A. COKER, JSC
CASES CITED
Funchee v. Henry Braide (1913) 2 N.L.R. 102
Ogunmola v. Igbo (1941) 7 W.A.C.A. 137
STATUTES REFERRED TO
