YESUFU OBA VS S.A.B. EGBERONGBE

CORAM

MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT

MAMMAN NASIR

PARTIES

YESUFU OBA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This appeal is from the refusal of the Court of Appeal to grant the appellant’s application for orders granting extension of time within which to apply for leave to appeal, leave to appeal and extension of time within which to appeal. The appellant/defendant in an action brought against him by the respondent/plaintiff, in the High Court whereby he was liable to the respondent in trespass, and an injunction was ordered against him from committing further trespass on land. The appellant’s appeal to the Court of Appeal having failed, the appellant brought an application to the High Court with the objective of having the court pronounce that the injunction ordered related to an area of land described on the plan which he had put before the court. The trial judge dismissed the application. The appellant appealed to the Court of Appeal. The Court of Appeal dismissed the application. The appellant further appealed to the Supreme Court.

HELD

APPEAL DISMISSED

ISSUES

The learned justices of the Court of Appeal were in error when they failed to consider the merits of the application before them.

RATIONES DECIDENDI

WHAT IS EXPECTED OF A PARTY WHO SOUGHT LEAVE TO APPEAL FROM A FINAL DECISION

“A party who conceives that he has, in error, sought leave to appeal from a decision which he regards as a final decision, when such was not needed, should proceed to appeal as of right, if he was still within time, or seek leave to appeal out of time if not within time, rather than appeal from a ruling refusing leave.” Per AYOOLA, J.S.C

FACTORS TO BE TAKEN INTO CONSIDERATION IN GRANTING EXTENSION OF TIME WITHIN WHICH TO APPEAL

“The crucial factors to take into consideration in granting extension of time within which to appeal are whether there are good reasons for failure to appeal in time and whether there are good grounds of appeal. Both must coexist. Where either or both of these factors do not exist, the court cannot rely on an alleged peculiarity and importance of the case lo exercise a discretion to extend time within which to apply for leave to appeal or, as the case may be, the appeal.” Per AYOOLA, J.S.C