Mrs. Linda Akiti V. Prince Oladimeji Oyekunle (2018)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

By way of a Motion on Notice filed on 8 March 2017 and brought under Order 8 Rule 8(4) and Order 2 Rule 31, of the Supreme Court Rules, and under the inherent jurisdiction of the Court, the appellant/applicant seeks the following orders:

1. An Order restoring this appeal which was dismissed on 13 July 2016.
2. An Order extending time within which the appellant/applicant may compile and transmit the Record of Appeal in this appeal against the judgment of the Court of Appeal handed down on 26 March 2015 by the Court of Appeal, Lagos Division.
3. An Order granting the appellant/applicant 30 days within which to compile and transmit the Record of Appeal in this appeal.

The application is supported by a 15 paragraph affidavit deposed to by Saheed Majiyagbe-Kosoko, a legal practitioner in Chambers of learned counsel for the appellant/applicant. Annexed to it are documents marked.

Exhibit A – Appellant’s Motion

Exhibit B – Respondent’s counter-affidavit.

Exhibit C – Order of Court given on 13 July 2016.

The grounds on which the application is brought

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are:

1. The appeal was fixed for 23 June, 2016 for the Respondent’s motion to dismiss same;
2. Prior to 23 June, 2016 this appellant brought a Motion for an order extending time within which it would compile and transmit the Record of Appeal from the lower Court. The appellant also filed a counter-affidavit to the Respondent’s motion giving reasons why she had not compiled and transmitted the Record of Appeal;
3. The Appeal came up in open Court on 23 June 2016 and both parties were represented by counsel;
4. Due to the fact that the Appellant’s motion seeking to save the appeal was not ripe for hearing the Honourable Court adjourned the appeal on that day in open Court to 6 March 2017 for the hearing of the pending applications and awarded N50,000 costs against the Appellant
5. On 6 March 2017 Respondent’s counsel informed the Honourable Court that the appeal had been dismissed in Chambers on 13 July, 2016 despite the fact that the Respondent filed a counter affidavit to the appellant’s motion to extend time to compile and transmit Records in 2017;
6. The appellant/applicant is diligent and desirous in the prosecution of this

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appeal but delayed in compiling and transmitting the Record of Appeal because she was intent of exploring the possibility of an amicable settlement; and

7. The appellant is desirous of prosecuting the appeal.

A written brief was filed in support of the Motion. Prince Oladimeji Oyekunle, the respondent and a retiree deposed to 7 paragraph counter-affidavit to which is attached exhibit 3A.

A written brief was filed urging the Court to dismiss the application.

At the hearing of the application on 14 November 2017 learned counsel for the appellant/applicant, O. Agbebi esq., urged the Court to grant the application as the Record of Appeal had been transmitted to this Court on 19 May 2017.