Mr. Mufutau Akinpelu V Ebunola Adegbore (2008)

LAWGLOBAL HUB Lead Judgment Report

NIKI TOBI, J.S.C.

The applicant in a motion filed on 4th June, 2007 asked for the following reliefs:

“1. An order for extension of time, pursuant to the provisions of Order 2 Rule 28(3) of the Supreme Court Rules 1999, within which to apply directly to this Honourable Supreme Court of Nigeria, for all the Reliefs which were refused by the Court of Appeal of Nigeria in the Interlocutory Decision dated the 23rd of January, 2006 in the Application No. CA/L/512/2004.

2. An order for extension of time within which to seek leave to appeal to the Court of Appeal of Nigeria from the Judgment or Decision dated 9th July, 2004 as delivered by the Honourable Justice D. F. Akinsanya. (Mrs.) in Suit No. LD/2953/91 in the High Court of Lagos State, Lagos Judicial Division.
3. An order for leave to appeal to the Honourable Court of Appeal of Nigeria, Lagos Judicial Division from the Judgment or Decision of the Trial Court dated 9th July, 2004 in Suit No. LD/2952/91 in the High Court of Lagos State, Lagos Judicial Division.
4. An order for extension of time within which to file the Notice of Appeal and the Grounds of Appeal from the Judgment or Decision of the Trial Court dated 9th July in Suit No. LD/2952/91 to the Court of Appeal of Nigeria Lagos Judicial Division.
5. An order to deem as being properly filed and served the Notice of Appeal filed on 3rd day of August, 2004 in the Appeal No. CA/L/512/2004 after the correct filing fee had been paid at the High Court Registry, Lagos, Nigeria.
6. An order for leave to appeal to the Honourable Supreme Court of Nigeria on all the Grounds of Appeal as set out in the Notice of Appeal dated 7th day of February, 2006 on the ground that they contained mixed law and facts.
7. An order of interlocutory injunction restraining the claimants/respondents and their agents and privies from committing act of trespass upon or ejecting the applicant and his agents or privies from the landed property in dispute at No. 49B, Jebba Street, Ebute Metta, Lagos, Nigeria pending the determination of the appeal by the Honourable Court of Appeal of Nigeria.

THE APPELLANT/APPLICANT, IN THE ALTERNATIVE TO PRAYERS 1 TO 7 ABOVE, CLAIMS THE FOLLOWING RELIEFS:

8. An order for enlargement of time within which to apply for leave to appeal to the Supreme Court of Nigeria from the interlocutory decision of the Honourable Court of Appeal of Nigeria dated the 23rd day of January, 2006 in the Appeal No. CA/L/512/04.
9. An order for leave to appeal from the interlocutory decision of the Honourable Court of Appeal dated the 23rd day of January, 2006 in the Appeal No. CA/L512/04 to the Honourable Supreme Court of Nigeria.
10. An order for enlargement of time within which to appeal to Honourable Supreme Court of Nigeria from the interlocutory decision of the Honourable Court of Appeal of Nigeria dated the 23rd day of January, 2006 in the Appeal No. CA/L/512/04.
11. An order for leave to appeal to the Honourable Supreme Court of Nigeria on all the Grounds of Appeal as set out in the notice of appeal dated the 7th day of February, 2006 on the ground that they contained mixed law and facts.
12. An order of interlocutory injunction restraining the claimants/respondents and their agents or privies from taking any action for ejecting the applicant and his agents and privies from the landed property in dispute at No. 49B, Jebba Street, Ebute Metta, Lagos Nigeria pending the determination of the appeal by the Honourable Supreme Court of Nigeria, Abuja City, Nigeria… ”

The motion is supported by an affidavit of 24 paragraphs and a brief of argument. There is also a counter-affidavit. The following six issues are formulated in the applicant’s brief:

“2.01 . Whether this Honourable Supreme Court of Nigeria has jurisdiction to deal summarily with the application by granting all the reliefs sought in the application to the Court of Appeal of Nigeria without waiting for the Record of Appeal to be delivered to the Supreme Court.

2.02 Whether the applicant has prayed for the three reliefs of an order for extension of time within which to apply for leave to appeal to the Supreme Court of Nigeria, an order for leave to appeal against the interlocutory decision of the Court of Appeal of Nigeria in the Appeal No. CA/L/512/2004 and an order for extension of time within which to file Notice of Appeal against the said interlocutory decision.

2.03 Whether the applicant has given good and substantial reasons for failure to appeal within the prescribed period.

2.04 Whether it is obligatory to establish the mistake of the counsel as a good and substantial reason for the lateness in bringing the application for leave after the applicant has included this ground of appeal a ground challenging the jurisdiction of the Court of Appeal of Nigeria to dismiss the motion in the Appeal No. CA/L/512/04 on the 23rd day of January, 2006.

2.05 Whether the applicant is entitled to be granted an order of interlocutory injunction restraining the claimants/respondents from taking any action to eject the defendant/applicant and his agents and privies from the landed property in dispute pending the determination of the appeal in the Appeal. No. CA/L/512/04.

2.06 Whether the applicant is entitled to be granted leave to appeal to the Supreme Court of Nigeria on all the four grounds of appeal which are set down in the notice of appeal dated 7th February, 2006 which said grounds of appeals are alleged to be grounds of mixed law and fact.”

The respondents have also formulated six issues as follows:

“2.1 Does the dismissal of the motion by the Court of Appeal affect the jurisdiction of the Court of Appeal

2.2 Can a party in contempt of the order of a court of competent jurisdiction ask for favour of the court