JADESIMI V. OKOTIE-EBOH & ORS.

• Pages: 1239-1250

JADESIMI V. OKOTIE-EBOH & ORS.

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1239

'The plea of

non est factum

is a plea which must necessarily be kept within nar-

row limits. Much confusion and uncertainty would result in the field of contract

and elsewhere if a man were permitted to try to disown his signature simply by

asserting that he did not understand that which he had signed."

5

For the reasons I have given, I allowed the appeal of the plaintiff, set aside the

judgment of the Court of Appeal and restored the judgment of the trial court.

KAWU, J.S.C.: We delivered a summary judgment on the 17th September, 1985

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allowing the plaintiff's appeal and indicated that we would, today, give our reasons

for doing so.

I have had the advantage of reading in advance the reasons for judgment just

delivered by my learned brother, Coker, J.S.C. which reasons I respectfully adopt

as my own.

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Appeal allowed.

JADESIMI V. OKOTIE-EBOH & ORS.

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MRS. ALERO JADESIMI

(NEE OKOTIE-EBOH)

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V

ADOLO OKOTIE-EBOH & ORS.

SUPREME COURT OF NIGERIA

IRIKEFE,



J.S.C.

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ESO,



J.S.C.

COKER,



J.S.C.

KARIBI-WHYTE,



J.S.C.

KAWU,

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J.S.C.

18th October, 1985

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APPELLANT

RESPONDENTS

SUIT NO. SC 112/1985

Appeals -

Civil Appeals - To Supreme Court - Enlargement of lime for appellant

to prepare record of appeal Delay due to no fault of appellant or her

counsel but to lower court registrar's non compliance with procedure prescribed

by new Supreme Court Rules 1985 - Procedure under old and new rules

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distinguished - Extension for want of prosecution refused.

ISSUES:

1.

Whether the delay to process and file a record of appeal can prove fatal to the

appeal, once it is discovered that the delay was due to the registrar and not the

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appellant or his counsel.

2.

What is the distinction between the 1977 and 1985 Rules of the Supreme Court

in relation to appeals from a final decision of the Court of Appeal?

3.

What is the distinction between the 1977 and 1985 Rules of the Supreme Court

where the Appeal is from decisions in interlocutory and some other specified

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cases?

FACTS:

The counsel to the appellant brought an application for extention of time with-

in which to prepare his record of appeal. This was after the respondent had ap-

plied that the appeal be struck out ior want of prosecution. It was found as a fact