Chief Oladipupo Akanni Olumuyiwa Williams San V Folarin Rotimi Abiola Williams & Anor (2018)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The appellant, Chief Oladipo Akanni Olumuyiwa Williams, SAN who is representing himself in this appeal, filed a Motion on Notice on 22 May, 2017 praying for leave of this Honourable Court to hear the appeal on the appellant’s brief alone. Other processes filed on the same date were the Notice of Appeal and the Appellant’s brief.

The grounds for the application were given as:-

(a) The time within which the respondents ought to file their brief of argument in this appeal as provided by the Rules of this Honourable Court has elapsed.

(b) That there is no application for extension of time to file the respondents’ brief of argument before this Court.

(c) The respondents are not desirous of defending this appeal.

The motion is supported with a 5 paragraph affidavit which was deposed to by Azeez Biodun. Annexed to the affidavit are the Notice of Appeal, leave granted to the appellant by the lower Court on 15 May, 2014 to appeal to this Court and the appellant’s brief dated 6 February, 2015 and served on the respondents on 12/2/2015.

1

The respondents’ reaction to this motion was to file a Notice of Preliminary objection on 6 April, 2018 praying for an order striking out this appeal as presently constituted for lack of jurisdiction. The grounds on which the preliminary objection is predicted are:-

(i) The proper/necessary parties to this appeal or persons that may be directly affected by this appeal are not all before this Honourable Court.

(ii) Chief Kayode Olusegun Williams is one of the sons of the late Chief F. R. A. Williams SAN and one of the beneficiary (sic) of his estate.

(iii) The appellant has failed to comply with the rules of this Honourable Court.

(iv) This Honourable Court lacks jurisdiction to entertain this appeal for being incompetent.

(v) The appeal, if heard as presently constituted will lead to miscarriage of justice.