ADELEKE & ORS V. COLE

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NIGERIAN SUPREME COURT CASES [1961] N.S.C.C.

ADELEKE & ORS V. COLE.

BELLO ADELEKE

ALHAJI M.S. JAFFAR

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APPELLANTS

IBADAN (PROVINCIAL DISTRICT COUNCIL)

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10

V

AKINOLA COLE

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RESPONDENT

SUIT NO. FSC 55/1960

FEDERAL SUPREME COURT

ADEMOLA,

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F.J.F.

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is

UNSWORTH,

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F.J.

BAIRAMIAN,

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F.J.

6th February, 1961.

Civil Procedure- Appeal in civil cases - Time for appeal - High Court final

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decision at first instance - Enlargement of time - Waiver - Federal Supreme

Court Rules - L.14 (1), (2), (4); R.35; R.68 - Federal Supreme Court Ordinance,

1960, s. 22, 31(4).

ISSUE:

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1. Whether The Supreme Court (in a civil appeal) has jurisdiction to hear an appeal

or enlarge the time for appealing, once further time had been allowed for

applying for enlargement of time, and such time had expired.

FACTS:

The facts are adequately set out in the judgment.

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HELD :

In a civil case in which, under Rule 14 of the Federal Supreme Court Rules,

once the time for appealing and the further time allowed for applying for enlarge-

ment of time had expired the Court has no jurisdiction either to hear the appeal or

to enlarge the time for appealing; and Rule 35 of those Rules does not empower

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the Court to disregard Rule 14; and Rule 68 does not apply to civil appeals. S.31(4)

of the Federal Supreme Court Ordinance whatever its effect, cannot be invoked in

this case in which all rights relating to appeal had expired before the ordinance

came into operation.

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CASES REFERRED TO IN JUDGMENT:

1.

Moore v. Tayee,

2

W.A.C.A. 43.

2.

Oranye v. Jiba.vu,

13 W.A.C.A. 41.

Agbaje,

for Appellants.

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Respondent, in person.

UNSWORTH, F.J. (Delivering the judgment of the Court):The respondent in this

case has raised two preliminary objections, namely:-

i. that the appellants were already out of time as notice of appeal was filed

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after the expiration of three months from the date judgment was given and

there is no application by the appellants for enlargment jrne: