CORAM

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ADEMOLA CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT

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PARTIES

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Z.O. DEMUREN

APPELLANTS 

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ASHIMI ASUNI & S. SOGUNRO

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL- COURT- EXTENSION OF TIME TO FILE GROUNDS OF APPEAL- PRACTICE AND PROCEDURE – APPLICATION OF ENGLISH RULES

 

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SUMMARY OF FACTS

The appellant’s appeal to the high court from a customary court was dismissed on the ground that the court had no power to grant extension of time within which to file memorandum of grounds of appeal under the customary court rules.

 

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HELD

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The court held that the high court had jurisdiction to extend time under the High Court rules which provides that where the rules are silent on a matter, recourse should be had to the practice and procedure in England.

 

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ISSUES

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Whether the High Court had the power to extend time within which an appellant may file memorandum of his grounds of appeal in view of the fact that the rules are silent and gives no express powers to the court to do so.

 

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RATIONES DECIDENDI

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POWER OF COURT TO EXTEND TIME TO FILE GROUND OF APPEAL

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‘by virtue of the power conferred by rule 5 order 3 of the Rules of the Supreme Court in England the High Court had power to extend the time to file grounds of appeal . … it is convenient to do so and is not inconsistent with the High Court (Civil Procedure) Rules, to the Customary Courts Rules as to the High Court (Civil Procedure) Rules.’ Per Lewis J.S.C

 

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CASES CITED

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1. Schafer v. Blyth (1920) 3K.B.140 at 143

2. Ofem Odey v. Ovat Edim of Akam 6 W.A.C.A.63

3. Ratnena v. Cumarasamy 1964 All.E.R.933

 

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STATUTES REFERRED TO

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1. The High Court Law of Western Nigeria (Cap. 44)

2. High Court (Civil Procedure) Rules

 

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