CHIEF G. A. TITILOYE & ORS VS CHIEF J. OMONIYI OLUPO & ORS
July 11, 2025ANTHONY EJINIMA VS THE STATE
July 11, 2025Legalpedia Citation: (1991) Legalpedia (SC) 93371
In the Supreme Court of Nigeria
Fri Jul 19, 1991
Suit Number: SC. 269/1988
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE,JUSTICE, SUPREME COURT
SAIDU KAWU JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI(Read the Leading Judgment), JUSTICE SUPREME COURT
PARTIES
OWONIBOYS TECHNICAL SERVICES LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Court of Appeal delivered its judgment sought to be appealed against on 7/7/88. On 5/8/88 the respondent filed an application for leave to appeal to the Supreme Court because the grounds of appeal filed were of mixed law and facts. On 13/10/88, 3 months and six days after, the application was granted.
HELD
The Court held that the Court of Appeal had no power to grant leave outside the 3 months period.
ISSUES
Whether the Court of Appeal properly complied with the provisions of section 31(2) of the Supreme Court Act 1960 by granting leave to the respondent to appeal against its decision to the Supreme Court, when the statutory period therein provided for so appealing i.e. 90 days, had expired.
RATIONES DECIDENDI
CASES CITED
Bowaje v Adediwura (1976) 6 S.C. (Reprint)95; (1976) 6 S.C.143 at 146; Lamai v Orbih (1980) 5-7 S.C.(Reprint)20;(1980) 5-7 S.C.28; Chief Kafaru Oje v. Chief Ganiyu Babalola (1987) 4 N.W.L.R. (part 64) 208 (214).
STATUTES REFERRED TO
The Supreme Court Act 1960 Court of Appeal practice Direction N0. 188
