WILLIAMS & ORS. V. HOPE RISING VOLUNTARY FUNDS SOCIETY

• Pages: 36-43

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

- a situation which is not in accord with the intendment of the Constitution and par-

ticularly Sections 197, 198 and 199 thereof.

Secondly, as to the doctrine of "inconsistency" where the two Legislatures have

passed identical legislations as discussed by Dixon, J. in

Ex Parte Maclean

(1930)

43 C.L.R. 472 at 483, the use of the word "inconsistent" would appear to me, with

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5

all due respect, to be inappropriate as the use of the word in those circumstances

does violence to its meaning. I agree with the criticism of the Chief Justice and

would prefer to say that the law passed by the State House of Assembly must be

declared

irrelevant

and, to that extent, unconstitutional, as not being compatible

with, in the sense of its having no

Locus

in the face of, the law passed by the Na-

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10

tional Assembly.

As

I

have already stated, I agree with the said judgment and subscribe to the

declaration and the order which the Chief Justice has made.

Appeal dismissed.

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WILLIAMS & ORS. V. HOPE RISING VOLUNTARY

FUNDS SOCIETY

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20

N.A. WILLIAMS & ORS.

V

HOPE RISING VOLUNTARY

FUNDS SOCIETY

SUPREME COURT OF NIGERIA

IRIKEFE,



J.S.C.

BELLO,



J.S.C.

IDIGBE,

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J.S.C.

ESO,

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J.S.C.

UWAIS,

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J.S.C.

19th February, 1982

APPELLANTS

RESPONDENTS

SUIT NO. SC 42/1981

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30

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Civil Action - Practice and Procedure - Judgment in default of appearance -

Application (a) for extension of time to apply to set aside; (b) to set aside

- Principles re-stated - Failure of court to first consider application for extension

of time - Applications granted in absence of material on which to exercise

court's discretion in applicant's favour - Effect of

ISSUES:

1.

What considerations must a court bear in mind in deciding whether to grant an

application to set aside its own judgment given in the absence of one of the

parties to an action before it?

2.

Whether there is a distinction between the principles to be applied in granting

an application for extension of time and those applicable to an application to

set aside a judgment.

3.

Whether a court ought always to obey the rules of court when called upon to

make an order for extension of time

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