LEONARD OKERE & ORS. V. TITUS NLEM & ORS.

• Pages: 636-650

636



NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

LEONARD OKERE & ORS. V. TITUS NLEM & ORS.

5

1.

LEONARD OKERE



)

2.

BONAVENTURE OKORAFOR )

3.

CHARLES OBILOR



)

4.

HILARY NWOKO



)

(for themselves and as



)

representing the kindred



)

of Umunwokoro Umuuanyim.) )

V.

1.

TITUS NLEM

2.

SORO NLEM



)

3.

JAMES NLEM



)

4.

UGWUEZUMBA NLEM



)

5.

OKOROFOCHA ONYECHEFULA )

APPELLANTS



10

15

RESPONDENTS

20

APPEAL No. SC. 210/1989.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,



J.S.C.

BELGORE,



J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,



J.S.C.

A KPATA ,



J.S.C.

10th April, 1992.

Appeals -

Failure to appeal within the statutory period prescribed therefor due to a

misunderstanding of judgment - Effect on application for extension of time to appeal -

Application for extension of time to appeal - What must be shown - Absence of counsel

at the hearing of an appeal after briefs' had been filed - Effect of - Deciding an issue in

the substantive appeal in a ruling on an application for extension of time - Propriety of

- Failure of a party to an appeal to formulate issues for determination - Effect of

Judgment -

Discretion of court - When not rightly exercised.

Evidence - Conflicts in affidavits - How resolved.

ISSUES:

1.

When may a court allow or reject an application for extension of time to appeal? 45

2.

When may an appellate court interfere with the exercise of discretion by a lower

court?

FACTS:

The appellants filed an action against the respondents in the Owerri High Court 50

for a declaration that the villagers of Umuanyim in Umuekwune town, comprising

of the kindred of the appellants and the respondents are entitled to Customary

right of occupancy to the piece or parcel of land known as Egbelu and for a

25

30

35

40