H.r.h Oba Samuel Adebayo Adegbola (Eleruwa) & Ors V. Mr. James Olatunde Idowu & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

By a motion on notice dated 22nd April, 2014 and filed on the 23rd April, 2014, the Appellants/Applicants herein sought for the following reliefs:

1. Extension of time to file the Appellant/Applicants’ Brief of Argument attached to the affidavit and marked Exhibit A.
2. Granting leave to the Appellants/Applicants to raise a new issue/a new point of law not raised either in the High Court or the Court of Appeal to wit:

“Whether or not the learned trial judge and the Court of Appeal have jurisdiction to entertain this action which was instituted in a non-judicial division to wit: “Eruwa Judicial Division.”

3. Granting leave to the Appellant/Applicants to incorporate argument on the new issue/fresh point of law in the Appellants’ Brief of argument (Exhibit A).
4. To deem as Properly filed and served the Appellants’ Brief of Argument (Marked Exhibit A) already filed and served.

This motion is predicated on seven grounds and supported by a four paragraphs affidavit sworn to by one Saheed Raji, a legal secretary in the law firm of R A Ogunwole SAN & Co.

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Solicitors to the Appellants/Applicants.

In opposition to this application, the 1st and 2nd Respondents filed a 28 Paragraphs counter affidavit on 24th May, 2016 and a further counter affidavit to the same motion on notice on the 3rd June, 2016.

In line with the relevant Rules of this Court, parties filed written addresses.

The Appellants/Applicants’ written address settled by Mr. R.A Ogunwole SAN is dated 22nd April, 2014. Learned senior counsel formulated one issue for determination of this application and it reads as follows-

“Whether or not the Court may exercise its discretion in favor of the Appellants/Applicants by granting the application.”

Mr. Kolapo Raji Esq of counsel to the 1st and 2nd Respondent submitted two issues for determination of the Application. These issues are reproduced hereunder as follows:-

(a) Whether the Appellants/Applicants have placed good substantial and exceptional, sufficient and cogent reasons before the Court to deserve granting of an extension of time to file the Appellants’ Brief of Argument

(b) Whether the order/relief 2, 3 and 4 of this application are supported by law or grantable by

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