UKPE IBODO & ORS VS IGUASI ENAFORIA & ORS
July 30, 2025NEEYODE PEBA V THE STATE
July 31, 2025Legalpedia Citation: (1980) Legalpedia (SC) 13179
In the Supreme Court of Nigeria
Fri May 9, 1980
Suit Number: SC. 26/1979
CORAM
BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANIAGOLU JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
CHIEF E. A LAMAI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This is an application by the appellant for an order granting leave to appeal from the order of the Court of Appeal notwithstanding that the time for appealing has expired.
HELD
The court held that the application failed and dismissed it with costs to be paid by the appellant to the respondent assessed at N25.00.
ISSUES
Whether in the absence of an application for extension of time within which to apply for leave to appeal, the first prayer for leave to appeal can be entertained and leave in that respect granted.
RATIONES DECIDENDI
LEAVE TO APPEAL
In the absence of application for extension of time within which to apply for leave to appeal, the first prayer for leave to appeal cannot be entertained and leave in that respect must be refused. PER UWAIS JSC.
CASES CITED
T.A Doherty & Anor. v. R.A. Doherty (1964) 1 All NLR 299;
G. B.A. Akinyede v. The Appraiser (1971) 1 All NLR 162
Tunji Bowaje v. Moses Adediwura (19 76) 6 S.C. 143).
Madam Oni Amudipe v. Chief Ogunleye Arijodi (1978) 9 & 10 S.C. 27
STATUTES REFERRED TO
The Supreme Court Act, 1960
The Constitution (Amendment) (No.2) Decree, 1976
The Supreme Court Rules, 1977
