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H.R.H Adegbola (Eleruwa) & 6 Ors V. Idowu & 4 Ors (2017) CLR 4(a) (SC)

Judgement delivered on the 13th day of April, 2017

Brief

  • Appeal
  • Fresh points of law
  • Jurisdiction
  • Principle of fair hearing
  • Extension of time
  • Motions
  • Brief of argument
  • Principle of fair hearing
  • Section 36(1) of the 1999 Constitution
  • Order 6 Rule 5(b) of the Supreme Court Rules
  • Order 2 Rule 1 (2) of the Supreme Court Rules 2014

Facts

On 23rd April 2014 the Appellant/Applicants filed a motion wherein they are seeking:

  • 1
    Extension of time to file Appellants/Applicants' Brief of Argument attached to the affidavit and Marked Exhibit A.
  • 2
    Granting leave to the Appellants/Applicants to raise a new issue/a new point of law not raised either in the High Court or the Court of Appeal to wit:
  • Whether or not the learned trial Judge and the Court of Appeal have jurisdiction to entertain this action which was instituted in a non-judicial to wit: Eruwa Judicial Division.
  • 3
    Granting leave to the Appellants/Applicants to incorporate argument on the new issue/fresh point of law in the Appellants' Brief of Argument (Exhibit A)
  • 4
    To deem as properly filed and served the Appellants' Brief of Argument (marked Exhibit A) already filed and served.

There are two main segments of the application, that is: Extension of time within which to file Appellants' Brief of Argument - Exhibit A, and leave to raise a fresh or new point or issue that was not raised at the trial Court and the Court of Appeal. The two are within the discretion of this Court to grant.

Issues

Whether or not the Court may exercise its discretion in favor of the...

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