Fawzi Famiz Sanni Moukarim & Anor V. Mrs. Alirat Abeni Agbaje & Anor (1982)

LawGlobal-Hub Lead Judgment Report

A. G. IRIKEFE, J.S.C.

This appeal clearly lacks substance. The onus is on the appellants to show that the Court of Appeal failed to exercise its discretion judicially in refusing to re-open the case as desired by the appellants herein. A careful scrutiny of the record puts it beyond doubt that the Court of Appeal had before it all the material on which it could justifiably base its decision to refuse to exercise its discretion in favour of the appellants.

Nothing that has been urged upon us on behalf of the appellants has swayed me in favour of the appellants. On the contrary, the record speaks out loud and clear that the appellants were entirely responsible for bringing upon themselves their present predicament.

It seems clear to me that the issue to be decided in this appeal is not whether, we would have, if given the same set of facts which were presented before the lower court come to the same conclusions as that court did, but whether having regard to all the circumstances of the case, it can be said that that court had before it facts on which the exercise of its discretion could be tied. I am satisfied that that court did and this was why we did not think we should call upon learned counsel appearing for the  respondents.

Accordingly, this appeal fails and it is dismissed with N300 costs in favour of the respondents against the appellants.

Other Citation: (1982) LCN/2157(SC)