Dickson Ogunseinde Virya Farms Limited V. Societe Generale Bank Limited & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C. 

The facts of this case are fairly straight forward. On the 15th of June 2005 the appellants had three pending applications before Court of Appeal Ibadan, as follows:

1). A motion for leave to appeal on grounds of mixed law and fact dated the 9th of February, 2005.

2). Motion for stay of execution dated the 2nd of March, 2005.

3). Motion to substitute the 3rd respondent dated the 16th of May, 2005.

On the 15th of June 2005 counsel for the Appellant herein withdrew the motion of 16th May, 2005 for substitution and same was struck out.

Thereafter as evident from the records of appeal, the other pending applications were brought to the attention of the Court by counsel for the 3rd Respondent, one Chief Mathew Adepoju in the following terms:

“Counsel for the Respondent Chief Adepoju says the application is incompetent since the three months period within which to appeal has elapsed. He says the motion be struck out.

Court: Regard to the fact that the three months period within which to appeal to the Supreme Court has elapsed, this Court no longer has

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jurisdiction to grant leave or extend the time within which to appeal. That can only be taken at the Supreme Court. The result is that the application of 19/2/005 for leave to appeal to the Supreme Court and that for stay of execution filed on 2/3/05 are struck out.

It is against that decision that the appellant herein has filed this appeal now before us.

In accordance to the rules of this Court briefs were filed by counsel on behalf of their clients as follows:

1). Amended Appellants Brief was settled by one A.R. Daramola Esq., and filed on the 14th March, 2017, but deemed properly filed on 14th March, 2017.