CORAM
TOBI, JUSTICE ,SUPREME COURT OF APPEAL
OGBUAGU , JUSTICE ,SUPREME COURT OF APPEAL
FABIYI JUSTICE ,SUPREME COURT OF APPEAL
PARTIES
CHIEF JOHN OYEGUN APPELLANTS
CHIEF FRANCIS ARTHUR NZERIBE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The lower court dismissed the appellant’s application for extension of time to appeal against the judgment of the lower court given 13 years ago.
HELD
Appeal dismissed.
ISSUES
The court below, found as a fact that there was inordinate delay in bringing the motion/application and that the grounds of appeal, are not substantial
RATIONES DECIDENDI
CHANCES OF APPEAL SUCCEEDING
“Where the chances of an appeal succeeding, are extremely remote (as in the instant appeal), it behoves counsel in the case, to advise his client of the, uselessness of pursuing such an appeal which patently lacks merit. See the case of K. R. Textile Allied Products Ltd. v. Henry Stephens Shipping Co. Ltd. & 2 ors. (1989) 1 NWLR (Pt. 95) 115 C. A .” Per Ogbuagu J.S.C
EXERCISE OF DISCRETION BY AN APPELLATE COURT
“An Appellate Court, can interfere with the exercise of discretion when such discretion, was not exercised judiciously and judicially. See the case of Agbomeji v. Bakare & 4 ors. (1998) 7 SCNJ. 33 @ 58. But when once it is exercised judicially and judiciously, this Court cannot interfere.” Per Ogbuagu J.S.C
CASES CITED
STATUTES REFERRED TO
NONE