Summary of Oyeyipo v. Oyinloye

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Oyeyipo v. Oyinloye

The appellant in this appealed the decision of the court of appeal relating to the matter between him and the defendant (Oyinloye) held in the court’s chambers. The counsel for the appellant submitted that, that was a breach of the appellant’s fundamental human right. Ignoring the procedure of filing a brief of argument nor asking for extension of time to do so, the appellant appealed to the Supreme Court. The court per. Karibi Whyte JSC stated that the purpose of hearing in chambers is to enable the hearing of the application before the court on the materials before it, in the instant case, the application to dismiss the appeal was sufficient notice to the applicant who was aware of the fact that he had not filled his brief, and had not sought an extension of time to do so. Where a party has not satisfied the condition of being heard, the court will not be competent to hear him. Also the court through Order 6 r. 3 (2) is also empowered to dismiss an appeal, in chambers without hearing argument.

Section 36 (4) 1999 CFRN

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