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CHIEF OLADIPUPO AKANNI OLUMUYIWA WILLIAMS, SAN v. FOLARIN ROTIMI ABIOLA WILLIAMS & ANOR

(2018) LPELR-44901(SC)

In The Supreme Court of Nigeria

On Friday, the 29th day of June, 2018

SC.807/2014


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

CHIEF OLADIPUPO AKANNI OLUMUYIWA WILLIAMS,SAN - Appellant(s)

AND

1. FOLARIN ROTIMI ABIOLA WILLIAMS
2. TOKUNBO ENIOLA WILLIAMS, SAN - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a Ruling on an application for leave to hear the appeal on appellant's brief of argument.
FACTS:
The appellant filed a Motion on Notice on 22 May, 2017 praying for leave of the Supreme Court to hear the appeal on the appellant's brief alone. The grounds for the application were given as:
(a) The time within which the respondents ought to file their brief of argument as provided by the Rules of Court has elapsed.
(b) There is no application for extension of time to file the respondents' brief of argument.
(c) The respondents are not desirous of defending the appeal.

The motion was supported by a 5-paragraph affidavit. Respondents reacted by filng a Notice of Preliminary objection on 6 April, 2018, praying for an order striking out the appeal for lack of jurisdiction. The grounds on which the preliminary objection was predicted are:
(i) The proper/necessary parties to the appeal or persons that may be directly affected by the appeal are not all before the Court.
(ii) Chief Kayode Olusegun Williams is one of the sons of the late Chief F. R. A. Williams SAN and one of the beneficiaries of his estate.
(iii) The appellant has failed to comply with the rules of the Court, therefore, the appeal is incompetent.
(iv) The appeal, if heard as constituted, will lead to miscarriage of justice.

The appellant opposed the preliminary objection by filing a counter affidavit.

ISSUES:
The Supreme Court considered whether the appeal is competent.
DECISION/HELD:
In conclusion, the preliminary objection was overruled. Leave to hear the appeal on the appellant's brief of argument alone was granted.


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