Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
Between
1. AFOLABI FAJEBE
(Substituted for his father, Alfred Olaiya Fajebe (deceased) by Order of Court dated 28/1/2013)
2. MOPELOLA FAJEBE
(Substituted for her mother, Madam Ade Oyegunle (deceased) by Order of Court dated 28/1/2013 Appellant(s)
AND
ISAAC ADEBAYO OPANUGA
(Substituted for his father Michael Opanuga (deceased) by Order of Court dated 4/2/2003 Respondent(s)
…………………….A…………………….
KUMAI BAYANG AKA’AHS, J.S.C. (Delivering the Leading Judgment): On 16th January, 2008, the Court of Appeal, Lagos (coram: Ogunbiyi and Galinje JJCA as they were then) and Mshelia JCA heard a motion filed 11 January, 2003 by the appellants applicants seeking the following reliefs:-
1. Granting the applicants leave to amend the notice of Appeal dated the 26th day of March, 2001 in the terms of Exhibit HO1 attached.
2. Granting the applicants leave of this Honourable Court to raise a new issue in this appeal as formulated in Ground 2 of the Proposed Amended Notice of Appeal and issues 3 and 4 under the issues for determination of the Brief of Arguments filed and served.
3. Granting the applicants leave of this Honourable Court to file additional grounds of appeal.
4. Extending the time limited by the rules within which to file the Applicants Brief of Argument.
5. Deeming the Amended Notice of Appeal filed and served by the applicants as having been properly filed and served.
6. Deeming the additional ground of appeal filed as having been properly filed.
Ruling on the application, the Court held:-
“It is apparent also to mention that the applicant in his submission admits that the record of this appeal was transmitted to this Court in the year 2004. To be precise, same was on the 12th May, 2004 as per the evidence available to the Court. The appeal was therefore deemed to have been entered on that date. The rules of Court make it mandatory on the appellant to file his brief of arguments within 60 days of entering the appeal. The motion at hand was filed on 11th January, 2008 and which is almost four years of entering the appeal. As rightly submitted and argued by the learned respondent’s counsel the application sought for in prayers 1- 4 with prayer 2 being incompetent while 1, 3 and 4 are hereby refused. The appeal under the inherent powers of this Court is also dismissed.” (See Vol. 2 pages 788-789 of the records).
