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DICKSON OGUNSEINDE VIRYA FARMS LIMITED v. SOCIETE GENERALE BANK LIMITED & ORS

(2018) LPELR-43710(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of February, 2018

SC.209/2005


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

DICKSON OGUNSEINDE VIRYA FARMS LIMITED - Appellant(s)

AND

1. SOCIETE GENERALE BANK LTD
2. ALHAJI A. ARINOLA
3. MRS. MONISOLA ALAKE AYOOLA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.

FACTS:
This is an appeal against the decision of the Court of Appeal Ibadan Division.

The facts are that 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 withdrew the motion of 16th May, 2005 for substitution and same was struck out.

Thereafter, 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 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."

Dissatisfied with the above decision of the Court of Appeal, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Appellant and couched as follows:

1). Whether there is any justiciability on the part of the Justices of the lower Court in striking out applications dated 9th February , 2005 and 2nd March, 2005.

2). Whether failure of the justices of the lower Court to hear the appellants applications is not a breach of the principle of fair hearing.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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