JAMES ASHE & ANOR VS STATE
July 29, 2025N. EKEREKE V. THE STATE
July 29, 2025Legalpedia Citation: (1981) Legalpedia (SC) 02312
In the Supreme Court of Nigeria
Fri Apr 3, 1981
Suit Number: SC. 18/1981
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
CHIEF IRO OGBU NGELE MAMALU (Dead) AGWU KALU (Dead) OTUWE AGWU (For themselves and as representing the people of Elughu, Nkporo) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The court granted the appellants application for extention of time to file its brief. However the appellants did not file their brief within time. The appeal was dismissed for want of prosecution.
HELD
My Lords, the application is therefore incompetent and I hereby dismiss it with costs to the respondents fixed at N25.00 (Twenty-Five Naira).
ISSUES
Under what rule can the court then act to order the appeal dismissed for want of prosecution to be re-entered?Whether it is competent for this court to entertain the application.
RATIONES DECIDENDI
IMPORTANCE OF RULES OF COURT.
Finally, it must be emphasised and realised that the rules of court must, prima facie, be obeyed and, in order to justify a court in extending the time during which some steps or procedure requires to be taken, there must be some material on which the court can exercise its discretion. PER OBASEKI, JSC.
IMPORTANCE OF FILING BRIEFS.
The filing of briefs is an important innovation in our rules of court. Its dominance in appeal proceedings cannot be over-emphasised . PER OBASEKI JSC
CASES CITED
1. Ratnam v. Cumarasamy (1964) 3 All ER 933 at 935
2. Patrick J. Osoba v. The Queen FSC. 141/1961
STATUTES REFERRED TO
1. Supreme Court Rules, 1977
2. English Court of Appeal Rules 1968
