Legalpedia Citation: (2010) Legalpedia (SC) 61285
In the Supreme Court of Nigeria
Fri Mar 5, 2010
Suit Number: SC. 248/2002
CORAM
PARTIES
THE YOUNG SHALL GROW MOTORS LTD. APPELLANTS
AMBROSE O.OKWONKWO
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial judge found for the plaintiff when it brought an action against the defendant for the accident done to his car. The defendant’s appeal to the Court of Appeal was struck out on application by the defendant to withdraw the appeal. When the appellant sought to relist it, the court dismissed it. The appellant has further appealed.
HELD
Appeal dismissed
ISSUES
Under what circumstances can an appeal struck out be relisted, and whether the court below was right in refusing to relist the appeal struck out by it on the 9th of November, 1999.
RATIONES DECIDENDI
CASES CITED
1. PROPERTIES CO. LTD. V. ALEGBELEYI NLR 101 [10 NLR77]
2. EDOZIEN V. EDOZIEN [1993] 1NWLR [pt.272] 678.
3. NZEGWU V. NZEGWU [1993] 5 NWLR [pt. 292] 246,
4. EZOMU V. ATTORNEY GENERAL OF BENDEL STATE [1986] 17NSCC 1154.
STATUTES REFERRED TO
1. Court of Appeal Rules 1981