OMOREGIE V. EMOVON

• Pages: 145-146

145

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

OMOREGIE V. EMOVON

5

DANIEL OSAREN OMOREGIE

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APPELLANT

V

GABRIEL A. EMOVON

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RESPONDENT

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10

SUIT NO. SC 1/1982

SUPREME COURT OF NIGERIA

IRIKEFE,

BELLO,

ESO,

NNAMANI,

UWAIS,

7th June, 1982

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

15

Civil Appeal - To Supreme Court - Extension of time to file appellant's brief

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- Illness of appellant and his failure to perfect counsel's instructions -

Insufficiency as exceptional circumstances justifying extension of time.

ISSUE:

1. Whether the Supreme Court will extend the time within which to file a brief simply

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for non-payment of counsel's fees or the illness of the appellant, and if not,

why.

FACTS:

This concerned an application to the Supreme Court for extension of time with-

in which to file the brief of argument of the appellant. The affidavit attached to the

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application disclosed that the appellant was ill and so could not perfect the instruc-

tions of his counsel.

HELD:

1.

That the application must be refused as the reason given for the delay in filing

the brief is not exceptional.

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2.

That since the issuance of Practice Directions, the Supreme Court will not extend

the time within which to file brief simply for non-payment of counsel's fee.

3.

That the appeal itself is dismissed for want of prosecution, pursuant to Order

9 rule 7 of the Supreme Court Rules, 1977, since there is no brief filed in the

appeal.

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Dr. S.S.G. Enemeri

for Appellant.

K.S. Okeaya-lnneh

for Respondent.

IRIKEFE, J.S.C.

(Presiding): This application clearly lacks merit. Two grounds

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are listed for seeking the orders prayed for, namely, sudden illness which inhibited

the taking of timely steps for the prosecution of the appeal and inability to perfect

counsel's instructions in time.

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In view of the practice directions recently

promulgated by the Chief Justice of Nigeria, I am not persuaded that the reasons

stated are sufficient to enable me grant the orders sought.

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Accordingly this application fails and it is dismissed. In the result, the appeal

itself stands dismissed for want of prosecution with N300 costs in favour of the re-

spondent.