CORAM

AUGUSTINE NNAMANI, JUSTICE SUPREME COURT

PARTIES

1.EGEVAFO EKPETO2.CHIEF EMONIDO3.PHILIP OKUJENI (For themselves and on behalf of Evror family, Ujevbe quarters, Emevor community) APPELLANT(S) / PLAINTIFF(S)

DEFENDANT(S) /RESPONDENT(S)

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant’s appeal was dismissed for failure to file brief within the time extended by the court. He appellant was absent in court on the date the application to dismiss the suit was heard despite being aware of that date

HELD

The court held that he was not denied fair hearing and that an appeal dismissed for failure to file brief cannot be relisted. ?

ISSUES

1.  Whether or not the conditions precedent to the exercise of jurisdiction to order a dismissal of an appeal under Order 6 Rule 10 existed as at 10.45am on 10/2/2000 when the appeal was dismissed by the Court of Appeal.2.  Whether or not the order dismissing this appeal on 10/2/2000 made by the Court of Appeal as in breach of the rule of fair hearing and therefore unconstitutional, null and void.3. Whether or not documents filed in the Registry of the court constitute part of the records of the court or only those in the file being used by their Lordship.

RATIONES DECIDENDI

CASES CITED

1. Salu V. Egeibon (1994) 6 NWLR (pt. 348) 23 at 45; 2. Ceekay Traders V. G.M co Ltd (1992) 2 NWLR (pt. 222) 132; 3. Atano V. A. G. Bendel State (1988) 2 NWLR (pt. 75) 2014. See Nwafor Elike V. Nwankwoala & Ors (1984) 12 SC 301;5. Isiyaku Mohammed V. Kano N. A. (1968) 1 ALL NLR 424

STATUTES REFERRED TO

The Court of Appeal rules

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