SOLICITOR-GENERAL WESTERN NIGERIA V. DR FESTUS ADEBONOJO & ORS
August 27, 2025ADEMOLA KOFO VS PROBATE REGISTRAR
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 38116
In the Supreme Court of Nigeria
Fri May 21, 1971
Suit Number: SC 232/1968
CORAM
COKER, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
G.B.A AKINYEDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant/appellant challenged an assessment of rates for leasehold, raised against him by the Appraiser. Dissatisfied with the judgment of the Value Court, he applied for extension of time within which to appeal.
HELD
The court held that the decision of the lower Court refusing to grant the extension should be set aside and the application for extension of time be granted.
ISSUES
Whether the prayer of the appellant would be granted since the date of ruling sought to be appealed against was not named in his Notice of Appeal.
RATIONES DECIDENDI
EFFECT OF NOT PUTTING DATE OF RULING SOUGHT TO BE APPEALED IN THE NOTICE OF APPEAL
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PENALTY FOR INADVERTENCE OF COUNSEL
Where as in this case, the only reason for penalizing an applicant was the fault or mistake of his counsel, we should be able to ensure that justice is done. Per Coker, JSC.
CASES CITED
DOHERTY VS DOHERTY (1964) I ALL N.L.R 299
STATUTES REFERRED TO
SUPREME COURT RULES.
