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MRS. LINDA AKITI v. PRINCE OLADIMEJI OYEKUNLE

(2018) LPELR-43721(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of February, 2018

SC.932/2015(R)


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

MRS. LINDA AKITI - Appellant(s)

AND

PRINCE OLADIMEJI OYEKUNLE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling on an application to relist an appeal that was dismissed.
FACTS:
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 sought 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 was 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 were documents marked.

Exhibit A - Appellant's Motion
Exhibit B - Respondent's counter-affidavit.
Exhibit C - Order of Court given on 13 July 2016.

ISSUES:
The Court determined the application on this sole issue cuched as follows:

"Whether the Honourable Court ought not in the interest of justice to grant the prayer of the appellant/applicant as contained in her motion paper. "

DECISION/HELD:
On the whole, the Court found merit in the application and accordingly granted same. The Appeal was restored to the cause list for hearing on the merits.


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