May 24, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 71141 In the Supreme Court of Nigeria Fri Dec 3, 2010 Suit Number: SC.198/2002 CORAM FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT FRANCIS […]
CORAM
FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT
FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT
FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT
FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT
FRANCIS FEDEDO TABAI, JUSTICE, SUPREME COURT
PARTIES
FEDERAL HOUSING AUTHORITYALHAJI KABIR UMAR APPELLANTS
MR. A.A. KALEJAIYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent as plaintiff sued the appellant as defendant in the Lagos High Court for the sum of N39, 340,800 as special and general damages for trespass and an order of injunction to restrain the 1st defendant from:(a) Committing acts of trespass to the plaintiff’s property being a house situate at House 9, A close, 7th Avenue, Festac Town, Lagos.(b) Committing any further acts preventing the plaintiff from exercising his legal right of ownership over the said property of remaining on the said premises unlawfully.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the Court of Appeal was right in holding that no good and sufficient reason was adduced accounting for delay in filing the Notice and Ground of Appeal to warrant extension of time.?
2. Whether the Court of Appeal was right in refusing to hold that the Notice and Ground of Appeal disclosed arguable Grounds of Appeal.?
3. Whether the trial court lacked jurisdiction to hear the respondent claims?
RATIONES DECIDENDI
EQUITY AIDS THE VIGILANT NOT THE INDOLENT
“Commonsense demands that a party who is very much aware of a case pending against him, and as in fact take some steps, should be diligent in following the progress of the case even if he has no interest in taking an active part in it .Equity aids the vigilant not the indolent” A. M. MUKHTAR, PER BODE RHODES-VIVOUR
CASES CITED
NONE
STATUTES REFERRED TO
NONE
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