Before Their Lordships
AYO GABRIEL IRIKEFEJustice of The Supreme Court of Nigeria
KAYODE ESOJustice of The Supreme Court of Nigeria
AUGUSTINE NNAMANIJustice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAISJustice of The Supreme Court of Nigeria
DAHUNSI OLUGBEMI COKERJustice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTEJustice of The Supreme Court of Nigeria
CHUKWUDIFU AKUNNE OPUTAJustice of The Supreme Court of Nigeria
Between
1. AZEEZ AKEREDOLU
2. ALHAJI S. SALAMI
3. MOMODU ERIN FOLAMI
4. CHIEF SALAWU T. OLORIODE
(For themselves and on behalf of ILUGBA Family of Iga Ilugba Otta, Ogun State)Appellant(s)
AND
1. LASISI AKINREMI
2. BASIRIYU ARINKU
3. RAUFU AWAKAN
4. SALISU FALOLA
6. DAUDA AJIBOSA
7. TOMORI
8. GREEN-GATE ENTERPRISES
9. EAGLE ENTERPRISES LTD.Respondent(s)
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COKER, J.S.C. (Delivering the Leading Ruling): In this application, the appellants, Azeez Akeredolu and others, as plaintiffs before the High Court of Ogun State sitting at Ilaro, are seeking for an order:-
(i) for extension of time within which to apply for leave to appeal (if necessary) and;
(ii) for leave to appeal to this Court from the decision of the Court of Appeal delivered on the 10th day of April 1985 on ground other than ground of law.Section 213(2) of the Constitution of Federal Republic of Nigeria provides that an appeal shall lie from decisions of the Court of Appeal as of right where the ground of appeal involves question of law alone. But, subject to such other cases as provided in sub-section 2 thereof, an appeal from that Court shall lie to this Court; vide sub-section 3, with leave of the Court of Appeal or the Supreme Court.Section 31 of the Supreme Court Act 1960, prescribes that where a person desires to appeal to this court, he shall give notice of appeal or notice of his application for leave to appeal as provided in sub-section 2 namely:-
(a) in an appeal in a civil case fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision.”
Sub-section 3 of section 31 further provides that where an application for leave to appeal is made in the first instance to the Court below, a person making such application shall, in addition to the period prescribed by subsection (2) be allowed a further period of fifteen days from the date of hearing of the application by the court below to make an application to the Supreme Court.The facts relevant to the application are as follows:-
The appellants, as plaintiffs, lost in the High Court their claim for declaration of title to a piece of land, damages for trespass and for an order of injunction. They then appealed to the Court of Appeal from the decision. The appeal was dismissed on the 10th April, 1985.
