MUSA V. HAMZA & ORS

• Pages: 219-221

MUSA V. HAMZA & ORS.

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219

MUSA V. HAMZA & ORS.

5

BALARABE MUSA

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APPELLANT

V

10 AUTA HAMZA & OTHERS

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RESPONDENTS

SUIT NO. SC 2/1982

SUPREME COURT OF NIGERIA

FATAI-WILLIAMS, C.J.N.

IRIKEFE,

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J.S.C.

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BELLO,

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J.S.C.

IDIGBE,

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J.S.C.

OBASEKI,

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J.S.C.

ESO,

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J.S.C.

ANIAGOLU,

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J.S.C.

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12th July, 1982

Civil Procedure - Appeals to Supreme Court - Dismissal of appeal for want of

prosecution - Failure to file appellant's brief within prescribed time and to

show special circumstances justifying extension of time - Respondent's application

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for dismissal of appeal allowed.

ISSUE:

1. Whether an application to file a brief of argument for appeal out of the

prescribed time, will be granted, especially if no special circumstances are

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shown.

FACTS:

The Appellants lodged an appeal from a decision of the Federal Court of Ap-

peal in the Supreme Court but failed to file brief of argument within the prescribed

time.

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HELD:

The appeal, shows no special circumstances such as to make the Supreme

Court exercise its discretion, and should be dismissed for want of prosecution as

applied for by Counsel for the Respondent.

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CASE REFERRED TO IN JUDGMENT:

1.

Ukpe Igbodo & others v. Iguasi Enarofia & others

(1980) 5-7 S.C. 42 at 57-9.

G.O.K. Ajayi S.A.N. (A. Ojelade

with him) for the Appellant.

Dr. Mudiaga Odje, S.A.N. (Chief M.O. Akpofure S.A.N.

and

A.T. Ajala

with him)

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for the Respondents.

FATAI-WILLIAMS,

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C.J.N.

(Delivering the Ruling of the Court): This is an

application for an order dismissing this appeal for want of prosecution, the

appellant having failed to file his Brief of Argument within the time specified in rule

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3(1) of Order 9 of the Rules of this Court. There is no doubt that the appellant has

failed to comply with this particular rule.

Some time in 1981, the appellant lodged an appeal to this Court against the

judgment of the Federal Court of Appeal but he failed to file his Brief of Argument

within the specified time.