ALHAJI I.A. ONIBUDO & ORS V ALHAJI A.W. AKIBU & ORS
July 25, 2025JOACHIM S. NGUEMA VS THE STATE
July 25, 2025Legalpedia Citation: (1982) Legalpedia (SC) 84111
In the Supreme Court of Nigeria
Fri Jul 9, 1982
Suit Number: SC. 3/1982
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
B.O. TAIWO OSINUPEBI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant applied for leave to substitute and argue the grounds of appeal contained in the briefs of arguments already filed, and an order amending the writ of summons at p. 1 of the Record of Appeal by adding after the word owner the following words subject to the equities, if any, of the respondent.
HELD
The court held that this appeal cannot be entertained and will therefore stand dismissed
ISSUES
Whether the court can extend time where the applicant fails to show special circumstances.
RATIONES DECIDENDI
DUTY ON APPELLANT TO SHOW SPECIAL CIRCUMSTANCE IN AN APPLICATION FOR EXTENSION OF TIME
1. “It has been held that when such an application is made special circumstances should be shown why it should be granted.” Sowemimo, JSC.
CASES CITED
1. N. A. Williams & Ors. v. Hope Rising voluntary Society (1981) 1-2 S.C. 145 at 152
2. Revici v. Prentice Hall Incorporated & Ors. (1969) 1 All ER. 722 at 774
STATUTES REFERRED TO
None
