CORAM

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BRETT JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT

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PARTIES

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THEOPHILUS ADEBAYO DOHERTY & ANOR

APPELLANTS 

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RICHARD ADE DOHERTY

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

This was an application by the Defendants/Appellants for the restoration of their appeal which appeared by the affidavit in support of the motion that although the appellants’ solicitors were served with summons to attend and settle the records of appeal, they were neither present nor represented before the Registrar who thereafter proceeded to settle the records and to fix the conditions of appeal. No steps whatsoever were taken by the appellants and accordingly, the appeal was dismissed. The address given for service of the Notice of Appeal was the address of the appellants’ solicitors and it was not contended that any notice was sent to or served upon the appellants personally. The appellant appealed to the court of appeal for the restoration of his appeal. The appeal was dismissed in which he further appealed to the Supreme Court. 

 

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HELD

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The judgment of the lower court was set aside. The Supreme Court further gave an order that the appeal be restored on condition that the appellants complied with the conditions of appeal imposed by the Registrar within seven days. 

 

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ISSUES

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1. Whether there had been undue delay in making the application so as to prejudice the other party.

2. Whether the other party would be prejudiced or embarrassed by an order for a new trial so as to render it inequitable to reopen the case.

 

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RATIONES DECIDENDI

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CONTROVERSY ON AN APPLICATION TO APPEAL.

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CASES CITED

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STATUTES REFERRED TO

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