Chief T. O. S. Benson V. Nigerian Agip Oil Company Limited (1982)

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S.  Sowemimo, JSC.

On 26th April, this year practice direction was read out in court by the Hon. Chief Justice and was well circularised and published with regards to failure to comply with the rules of the Supreme Court, 1977.

An application was filed by the respondent on 26th April that this appeal be dismissed for failure of the appellant to file his brief within the prescribed rules Order 9 Rule 7. The counsel for the appellant drew our attention that he has filed another application on 28th April, 1982, asking in the alternative for extension of time to file brief or because of some special circumstances be allowed to adduce oral argument, no special circumstances were disclosed and therefore the appellant’s application is refused.

The appeal will be dismissed for want of prosecution under Order 9 Rule 7 of the Supreme Court Rules with N300 costs against the appellant.A. G. IRIKEFE, JSC.: I am not satisfied that this application has merit. The affidavit certainly does not show it. Two reasons were given for non-compliance with the rules, namely – (a) illness of counsel and (b) dereliction of duty by a junior counsel. There is no affidavit from this counsel, whoever he may be, authenticating the precise instructions with which he was entrusted by his senior in the chambers. Accordingly I would refuse the application.

This appeal is accordingly dismissed for want of prosecution with N300 costs.

SC.96/1981