AWOTE & ORS. V. OWODUNNI & ANOR.

• Pages: 1359-1367

AWOTE & ORS. V. OWODUNNI & ANOR.

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1359

not been given any jurisdiction to re-enter an appeal dismissed by it for want of

prosecution. Even if the order of dismissal made on the 12th November 1985 (Ex-

hibit D) were wrongly made, that order definitely cannot be corrected or rescinded

or set aside by a motion brought for an extension of time within which to apply for

5

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leave to appeal under s.31(4) of the Supreme Court Act; nor by a motion under

s.213(3) of the Constitution of the Federal Republic of Nigeria, 1979 for an order

for leave to appeal on questions other than questions of law. Arguments that the

order of 12th November 1985 (Exhibit D) was a nullity will be valid before a court

exercising appellate jurisdiction to review that order.

I

wonder which court in the

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Nigerian hierarchy of courts has appellate jurisdiction to review judgments of the

Supreme Court? The answer is none. We are then back to square one namely:-

1. That this appeal has been dismissed on the 12th November 1985 for want

of prosecution.

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2. That the Supreme Court has no jurisdiction either under the 1979 Constitu-

tion or the Supreme Court Act 1960; or the Rules of the Supreme Court 1985;

or under the inherent jurisdiction of the court to entertain an application for

re-entering an appeal dismissed for want of prosecution (T.

A. Yonwuren

v. Modern Signs (Nig) Ltd supra

refers).

20

It is for all the reasons given above and for the fuller reasons given in the lead

ruling of my learned brother Aniagolu, J.S.C. with which

I

am in entire agreement;

and which I now adopt as mine, that I, too, will dismiss the appellants/applicants'

motion. I will abide by all the consequential orders made in the lead ruling.

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Application dismissed.

AWOTE & ORS. V. OWODUNNI & ANOR.

30

CHIEF EBENEZER AWOTE & ORS

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APPELLANTS

V

35 SUNMOLA KADIRI OWODUNNI & ANOR

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RESPONDENTS

SUIT. NO. SC 186/1984

SUPREME COURT OF NIGERIA

ANIAGOLU,



J.S.C.

KAZEEM,



J.S.C.

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KARIBI-WHYTE,



J.S.C.

KAWU,



J.S.C.

OPUTA,



J.S.C.

12th December, 1986

45 Appeals - Appeal to Supreme Court - Grounds of Appeal - Whether on issue

raised for first time - Issue raised in vial court by trial Judge - Not raised

by appellant in High Court or Cowl of Appeal - But raised by respondent

- Appellant seeking leave to include issue as additional ground of appeal in

Supreme Court - Objection by respondent - Attitude of Supreme Court.

50

ISSUE:

1.

Whether a respondent has a right to object to a ground of appeal on the ground

that the appellant was not the one who raised it in the lower court.