Job Kolawole Buremoh V. Alhaji Isiaka Akande (2017)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

By his motion on notice pursuant to Order 2 Rule 28(1), Order 7 Rules 4 & 8 of the Supreme Court Rules and under the inherent powers of this Court filed on 22nd April 2015, the appellant/applicant seeks the following six reliefs:-

“1. An Order of this Court extending time within which the Appellant/Applicant may compile and transmit the Record of Appeal in this case to this Court.

2. An Order deeming the already compiled and transmitted Record of Appeal as properly transmitted and served.
3. An Order of this Honourable Court granting leave to the Appellant/Applicant to raise for the first time before the Supreme Court fresh issue on the application of the Limitation Law of the case of the Respondent pursuant to the provision of Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006.
4. An Order of this Honourable Court granting leave to the Appellant/Applicant to amend his Notice of Appeal by including the fresh issue on the application of Limitation Law to the case of this Respondent pursuant to the provisions of the Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006

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on the one hand and to harmonize and amend all existing grounds of appeal with the inclusion of particulars on the other hand as per the attached Schedule of Amendment and proposed Amended Notice of Appeal.

5. An order of this Honourable Court granting leave to the Appellant/Applicant to appeal against the decision of the Court of Appeal, Ilorin Division in Appeal No:Ca/IL/70/1999 on grounds other than law alone.
6. And for such further order(s) as this Honourable Court may deem fit to make in the circumstance of this case”

(Underlining supplied for emphasis).

The application is premised on the following grounds:-

“1. The Appellant/Applicant being dissatisfied with the judgment of the Lower Court delivered on 3rd July, 2000, filed a Notice of Appeal against the judgment on 10th July, 2000 and additional grounds of appeal filed on 21st September, 2000.

2. The time limited by the Rules of the Court for the Lower Court Registrar to compile and transmit the Record of Appeal to this Court has lapsed.
3. The Appellant/Applicant could not meet the demand of funds charged by the Registry of the Lower Court to compile and transmit the

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Record of Appeal; hence, it could not be so compiled within time.

4. The judgment of the Lower Court was executed after the dismissal of the Appellant’s application for stay of execution.
5. Following the execution of the judgment, the Appellant/Applicant’s business office on the land in dispute was demolished and he was evicted. This greatly attended the Appellant/Applicant’s finance, mental being and family life.
6. When the business of the Appellant/Applicant which was then worth Ten Million Naira (N10,000,000:00) suffered set back and collapsed the Appellant/Applicant was Psychologically affected and could not even meet the immediate needs of his family which eventually affected his state of health. This lasted for about eight years
7. It was well-wishers and family members who ore sympathetic to the plight of the Appellant/Applicant that made funds available to ensure that the Registry of the Lower Court compile and transmit the Record of Appeal and prosecute the Appeal. This was after the Appellant started recovering from his ill health.
8. The funds to compile the Record of Appeal were to be made available to the

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Appellant/Applicants former counsel, Prince (Dr) J. O. Ijaodola, but he fell ill and eventually died in 2013. His ailment lasted for at least four years (2009-2013) before his death.

9. The Appellant/Applicant subsequently briefed another firm of solicitors Messrs, D. Akin Akintoye & Co – who agreed to prosecute the case Pro bono for the Appellant/Applicant after payment of all Court, travelling and filing expenses.
10. That the Record is now ready and has been transmitted to and before this Court.
11. The new Counsel saw the need to raise a fresh issue of jurisdiction which does not require calling evidence and to harmonize all the existing grounds of appeal with the addition of particulars, hence the need to amend the Appellant/Applicants Notice of Appeal before the Court.
12. Some of the existing grounds of appeal in the Appellant/Applicants Notice of Appeal raise issues other than law alone for which leave of this Court is required.
13. The grounds of appeal raise substantial and recondite issues of law capable of a positive determination of the appeal in favour of the Appellant/Applicant.

14.

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