F. I. Oranye V. O. T. Jibowu (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal to Supreme Court out of time—No steps taken to enlarge time—No power of Supreme Court to entertain Appeal—Appeal a Nullity—Distinction between irregularities and incurable defects.

Facts

The appellant appealed from the Magistrate’s Court to the Supreme Court out of time, and had taken no steps to have the time extended in accordance with the provisions of the Rules. These defects escaped the notice of everybody concerned, with the result that Judge of the Supreme Court proceeded to hear the appeal.

It was argued that the proceedings before the Supreme Court were a nullity on the grounds that the defects constituted an irregularity so fundamental that there was no appeal which the Supreme Court could entertain, and the fact that no objection was taken was immaterial.

Held

The irregularity cannot be regarded as a mere technicality, but constituted an incurable defect. The failure to comply with the statutory requirements deprived the Supreme Court of any jurisdiction to hear the appeal. The proceedings and judgment in the Supreme Court were a nullity and the judgment of the Magistrate must stand.

I agree.