CHIEF JOHN OYEGUN V CHIEF FRANCIS NZERIBE

CORAM

FRANCIS FEDODE TABA, JUSTICE, SUPREME COURT

JOHN AFOLABI FABJYI, JUSTICE, SUPREME COURT

PARTIES

CHIEF JOHN OYEGUN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The lower court dismissed the appellant’s application for extension of time to appeal against the judgment of the lower court given 13 years ago. ?

HELD

Appeal dismissed. ?

ISSUES

The court below, found as a fact that there was inordinate delay in bringing the motion/application and that the grounds of appeal, are not substantial ?

RATIONES DECIDENDI

CHANCES OF APPEAL SUCCEEDING

“Where the chances of an appeal succeeding, are extremely remote (as in the instant appeal), it behoves counsel in the case, to advise his client of the, uselessness of pursuing such an appeal which patently lacks merit. See the case of K. R. Textile Allied Products Ltd. v. Henry Stephens Shipping Co. Ltd. & 2 ors. (1989) 1 NWLR (Pt. 95) 115 C. A .” Per Ogbuagu J.S.C

EXERCISE OF DISCRETION BY AN APPELLATE COURT

“An Appellate Court, can interfere with the exercise of discretion when such discretion, was not exercised judiciously and judicially. See the case of Agbomeji v. Bakare & 4 ors. (1998) 7 SCNJ. 33 @ 58. But when once it is exercised judicially and judiciously, this Court cannot interfere.” Per Ogbuagu J.S.C

GROUND OF APPEAL.

“When any issue or issues is or are not distilled from ground or grounds of appeal, such an issue or issues, will he struck out.” Per Ogbuagu J.S.C

CASES CITED

1. Ikegwuoha v. University of Jos (2005) All FWLR (Pt.280) 1573.2. Agbomeji v. Bakare & 4 ors. (1998) 7 SCNJ. 33 @ 58.3. K. R. Textile Allied Products Ltd. v. Henry Stephens Shipping Co. Ltd. & 2 ors. (1989) 1 NWLR (Pt. 95) 115 C. A .?

STATUTES REFERRED TO

NONE?

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