OWONIBOYS V. JOHN HOLT

• Pages: 455-461

OWONIBOYS V. JOHN HOLT

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455

OWONIBOYS V. JOHN HOLT

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OWONIBOYS TECHNICAL

SERVICES LIMITED

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APPELLANT

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V.

JOHN HOLTS LIMITED

(YAMACO DIVISION)

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RESPONDENT

APPEAL NO. S.C. 269/1988.

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SUPREME COURT OF NIGERIA

KARIBI-WHYTE,

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J.S.C.

KAWU,

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J.S.C.

BELGORE,

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J.S.C.

OMO,

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J.S.C.

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NWOKEDI,

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J.S.C.

19th July, 1991.

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Practice and Procedure - Computation of time - Rules of Court of Appeal in relation

thereto - Whether can affect appeals to Supreme Court - Practice Direction No.1 1988

- Extent of - Leave to appeal to Supreme Court - Extension of time by Court ofAppeal

- Propriety of - Section 31(2) of the Supreme Court Act, 1960.

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ISSUES:

1.

Whether the Court of Appeal, in compliance with section 31(2) of the Supreme

Court Act, 1960, has power to extend time within which to appeal to the

Supreme Court against its judgment.

2.

What is the extent of the provisions of the Practice Direction No.1 of 1988 issued

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by the President of the Court of Appeal?

FACTS:

The plaintiff/appellant obtained judgment in the High Court of Kwara State

against the defendant/respondent, and the defendant appealed against the judg-

40 ment to the Court of Appeal. On 7/7/88 the Court of Appeal delivered its judgment.

On 5/8/88 the defendant/respondent filed an application for leave to appeal to the

Supreme Court on grounds of mixed law and facts.

The Court of Appeal gave its ruling on 13/10/88, granting the application, i.e.

after 3 months and six days. The plaintiff/ appellant then appealed against the

45 decision of 13/10/88 to the Supreme Court on ground,

inter alia,

that "the learned

Justices of the Court of Appeal erred in law and acted without jurisdiction in

entertaining and granting respondents application for leave to appeal to Supreme

Court against their decisions delivered on 7th July, 1988."

ISSUES:

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HELD:

1.

It is trite law that both the leave to appeal and the notice of appeal to the

Supreme Court must be filed within the 3 months prescribed by section 31(2)