AKAAER JOV VS KUTUKU DOM
June 27, 2025SUNDAY OMINI VS THE STATE
June 27, 2025Legalpedia Citation: (1999) Legalpedia (SC) 19147
In the Supreme Court of Nigeria
Fri Sep 24, 1999
Suit Number: SC. 179/1993
CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
G A OGUNTADE JUSTICE, SUPREME COURT
PARTIES
JAMES OGUNDELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant whose claim (as Plaintiff) against the Respondent (as Defendant) for damages for trespass on land claimed to be the Appellant’s family land and sought an order of perpetual injunction restraining the respondent from further acts of trespass on the land. ?
HELD
The court held that there was no miscarriage of justice
ISSUES
Whether judgement delivered was miscarriage of Justice
RATIONES DECIDENDI
TIME LIMIT TO DELIVER JUDGEMENT
“It is clear that for a party who establishes that a judgment has been delivered outside the period set by the Constitution for delivery of judgments to have such judgment set aside on the ground that it has been delivered outside such period. It is not sufficient to establish a contravention of the Constitutional provision. He must also establish that a miscarriage of justice has been occasioned in regard to him by reason of the contravention.” -Per Emmanuel Olayinka Ayoola, JSC
CASES CITED
Ejidike & Ors. v. Obiora 13 WACA 270 Olubode & Ors. v. Salami (1985) 1 NSCC 392, 401 Chukwuogor v. Obiora (1987) 2 NSCC 1063?
STATUTES REFERRED TO
