Olu Ogunsola V. National Insurance Corporation Of Nigeria (1995)

LAWGLOBAL HUB Lead Judgment Report

UWAIS, C.J.N. 

The appellant instituted a case in the High Court of Oyo State holden at Ibadan against the respondent, in which he asked for the following:-

“(a) An order setting aside the consent judgment in Suit No. 1/239/83 and dated the 11th day of March 1985.

(b) A declaration that the defendant is not entitled to exercise any power of sale on the plaintiff’s landed property at Plot 10 Block ‘A’ Ibadan Planning Authority Lagos Road Scheme Ibadan the subject of a purported mortgage agreement between the plaintiff and the defendant made in August 1981.

(c) An injunction restraining the defendant its servants agents and or privies from taking any steps in furtherance of the said exercise of purported power of sale.

And or in the alternative.

(d) An order that the plaintiff be at liberty to redeem the said property.”

The claim was dismissed in its entirety by the learned trial Judge (Kolawole, J.). Dissatisfied with the decision the appellant appealed to the court below and filed only one ground of appeal which reads:-

“The learned trial Judge erred in law in dismissing all the plaintiffs claims he held that there was no basis for selling aside the consent judgment in Suit No. 1/129/83 when all the essentials necessary for setting aside a consent judgment were present.”

Later the appellant brought an application before the Court of Appeal in which he prayed for an order as follows:-

(1) Granting him an extension of time within which to file the appellant’s brief herein;

(2) that the appellant’s brief already filed herein be deemed to have been filed within time.

(3) Granting him leave to file and argue additional grounds of appeal

(4) Such further or other order or orders as the court may deem fit to make in the circumstances.”