AUTO IMPORT EXPORT VS J. A. A. ADEBAYO

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?