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MR. MUFUTAU AKINPELU V EBUNOLA ADEGBORE

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MR. MUFUTAU AKINPELU V EBUNOLA ADEGBORE

Legalpedia Citation: (2008-04) Legalpedia (SC) 61839

In the Supreme Court of Nigeria

Fri Apr 25, 2008

Suit Number: SC.130/2007

CORAM


PIUS OLAYIWOLA ADEREMI, JSC,JUSTICE, SUPREME COURT.

NIKI TOBI, JSC,JUSTICE, SUPREME COURT

GEORGE ADESOLA OGUNTADE, JSC (Lead Judgment) JUSTICE, SUPREME COURT

PIUS OLAYIWOLA ADEREMI, JSC,JUSTICE, SUPREME COURT.

PIUS OLAYIWOLA ADEREMI, JSC,JUSTICE, SUPREME COURT.


PARTIES


MR. MUFUTAU AKINPELU (Substituted by Court Order as the Representative of Alhaji Akinola Akinpelu). APPELLANTS


EBUNOLA ADEGBORE

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant brought an application before the Supreme Court asking for extension of time within which to appeal against the decision of the high court to the Court of Appeal or in the alternative application for extension of time within which to seek leave to appeal to the Supreme Court and interlocutory injunction.


HELD


The court refused the first set of prayers on the grounds that the Supreme Court is not in a position to grant extension of time to appeal from the high court to the Supreme Court but granted extension of time to appeal to the court and refused application for injunction.


ISSUES


1. Whether this Honourable Supreme Court of Nigeria has jurisdiction to deal summarily with the application by granting all the reliefs sought in the application to the Court of Appeal of Nigeria without waiting for the Record of Appeal to be delivered to the Supreme Court?


RATIONES DECIDENDI


CASES CITED


1. Ogbu v. Urum (1981) 4 SC 1;2. Williams v. Hope Rising (1982) 1-2 SC 145;3. Nwachukwu v. The State (1986) 2 NWLR (Pt. 25) 165;4. Mobil Oil (Nig) Limited v. Chief Agadaigho (1988) 2 NWLR (Pt. 77) 3835. Shittu v. Osibanjo (1988) 3 NWLR (Pt. 83) 483.6. Osinupeba v. Saibu (1982) 7 SC 104


STATUTES REFERRED TO


NONE


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