Chief Ajigboye Olagundoye & Anor V. Prince Albert & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated 4/4/2012 but filed on 5/4/2012, the Appellants/Applicants prayed as follows:

(i) An order of this Honourable court extending the time within which the Appellants/Applicants may compile and transmit to this court the Notice of Appeal dated and filed on 19th July 2010 as Additional Record in this appeal.

(ii) An order of this Honourable court deeming the said Notice of Appeal attached to the affidavit in support of this application as exhibit ‘A’ as being duly compiled, transmitted and served as Additional Record in this appeal, the requisite filing and penalty fees having being paid.

(iii) And for such further order(s) as this Honourable Court may deem fit to make in the circumstances.

The grounds for the application are as follows:

(a) Judgment in this case was delivered by the trial court, Coram Adeghehingbe J. on 28th June, 2010.

(b) Dissatisfied with judgment, the appellants/applicants (the applicants) as 4th & 5th defendants in the court below, lodged an appeal before this court vide a Notice of Appeal dated 28th June, 2010.

(c) After briefing Chief Wole Olanipekun, SAN, to lead a team of lawyers in the prosecution of this appeal, the applicants filed another Notice of Appeal on 19th July 2010.

(d) The two Notices of Appeal were filed within time.

(e) Pursuant to the above, the applicants through their counsel, took steps to settle the record and to fulfill all the conditions of appeal, as prescribed by the Registrar of the court below.

(f) Upon delivery of the Record of proceedings to the applicants, through their counsel, it was discovered that the Notice of Appeal filed by Chief Wole Olanipekun, SAN, on 19th July 2010, was missing from the record.

(g) It is the Notice of Appeal filed by Chief Wole Olanipekun, SAN, on 19th July, 2010, that the applicants intend to rely on in prosecuting this appeal.

(h) This appeal cannot be conclusively determined without the said Notice of Appeal being transmitted to this Honourable Court.