MICHAEL ODIGIJI & ORS V. THE STATE
August 7, 2025BATA NIGERIA (SALES) LTD V. BRIGADIER MARTIN ADAMU
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 13191
In the Supreme Court of Nigeria
Fri Jun 11, 1976
Suit Number: SC. 374/1974
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
TUNJI BOWAJE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff sought leave of the lower court to appeal to the supreme court. His application was granted. However, he never filed the notice and ground of appeal until a year after the leave was granted. He then sought leave of court to formally file the notice of appeal out of time
HELD
The court granted the prayer as the delay was due to inadvertence of counsel handling the matter.
ISSUES
Whether or not the application for extension of time to file the notice and ground of appeal out of time ought to be allowed
RATIONES DECIDENDI
COURTS DISCRETION TO EXTEND TIME TO FILE GROUNDS OF APPEAL
This court would readily exercise its discretion to extend the periods prescribed for doing an act if it is shown to the satisfaction of the court that the failure by a party to do the act within the period prescribed was caused by the negligence or inadvertence of his counsel. M. BELLO JSC
CASES CITED
See T. A. Doherty & Anor v. R. A. Doherty (1964) 1 All NLR 299
G.B.A. Akinyede v. The Appraiser (1971) 1 All NLR 162
STATUTES REFERRED TO
Section 117(4)(c) of the Constitution of the Federation
Section 31(2)(a) of the Supreme Court Act,
