CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE SUPREME COURT
AJEGBO JUSTICE SUPREME COURT
PARTIES
SUN INSURANCE OFFICE LTD
APPELLANTS
OJEMUYIWA
RESPONDENTS
AREA(S) OF LAW
APPEAL-LEAVE-ENLARGEMENT OF TIME
SUMMARY OF FACTS
The applicants sought an order of the court for leave to appeal and order for enlargement of time within which to appeal
HELD
The court held that Leave to appeal is granted subject to these conditions:
(1) that the appeal shall be confined to the quantum of damages and that the grounds of appeal shall specify the reasons why and in what respects the award was excessive;
(2) that the notice of appeal shall be filed within a month, together with a deposit of fifty pounds as security for costs and a deposit of twelve pounds towards copies of the record of appeal, and together with a notice of the material which the appellants require;
(3) that the applicants shall deposit in court two thousand pounds (2,000) towards damages, to be disposed of as the court may later direct upon the ex pane application of the respondent, to whom the applicants shall pay the £105 costs in the first suit plus £30 as a provisional figure for the costs of the second suit, which may be taxed later.
The second suit between the respondent and the Insurers, viz., the Lagos High Court Suit No. LD/402/64 is hereby stayed.
Liberty to apply if necessary.
ISSUES
Whether the applicant should be granted leave to appeal
RATIONES DECIDENDI
ON PROCEDURE VIA WHICH AN INTERESTED PARTY CAN APPEAL A JUDGMENT OF COURT
‘In our opinion, when an appeal is brought in the name of a party, it must be on his instructions, and a person having an interest in the matter cannot launch an appeal in the name of a party but must obtain leave to appeal’
CASES CITED
Windsor v. Chalcraft [1939] 1 K.B. 279, C.A
STATUTES REFERRED TO
Motor Vehicles (Third Party Insurance) Act
Road Traffic Acts, 1930 and 1934
Constitution of the Federation