OSUNMBA & ALADUN FAMILIES VS ALHAJI A. MOLAKE
August 8, 2025OHAEGBULAM ONYEMA VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 61306
In the Supreme Court of Nigeria
Fri Dec 5, 1975
Suit Number: SC. 342/1975
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
CHRISTOPHER MITCHEL CHUKWUMA ENEH , JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
BENEDICTO OLAYINKA JOACQUIM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The High Court of Lagos State made a consent order on the 20th of January,1975.Dissatisfied with a part of the order and the time to appeal against a consent order having expired, the Defendant/Appellant brought this application before the Supreme Court for extension of time within which to appeal and leave to appeal.
HELD
Appeal allowed.
ISSUES
RATIONES DECIDENDI
APPEAL AGAINST A CONSENT ORDER
1. A party to a consent order, by virtue of the provisions of sections 117(4)(b) and 117(2)(f)(iii) of the Constitution of the Federation, may, with leave of the High Court or of the Supreme Court, appeal against that order. If he is out of time, he can apply to the Supreme Court for extension of time within which to apply for leave to appeal by virtue of the provisions of section 31(4) of the Supreme Court Act. PER ATANDA FATAYI-WILLIAMS JSC
CASES CITED
The Governor, Eastern Nigeria v. Eugene Onyelu & Ors. (1965) 1 All NLR 191 at page 192
Purcell v. F.C.Trigell Ltd. (CA) (1971) LR 1 QB 358 at page 363H
STATUTES REFERRED TO
Constitution of the Federation
Supreme Court Act.
