AUTO IMPORT EXPORT. V ADEBAYO

Issue:

This appeal came up for hearing before the Supreme Court on the 7th day of October, 2002. The respondents raised a vital issue in their respondents' brief which boils down to the issue of jurisdiction. The respondents contended that the appeal was filed out of time and no leave was sought to appeal out of time. The appellant in his argument contended that he filed a motion on notice seeking for various reliefs including leave to appeal, extension of time within which to seek leave to appeal, extension of time within which to appeal and an order deeming as properly filed and served the notice of appeal dated the 4th October, 1996. The above reliefs were granted on the 17th day of November, 1998. The respondents however contended that the said motion was not served on them and whatever order of court granted thereupon was a nullity as it was granted without jurisdiction. The Supreme Court found for the respondents and ruled that there was no valid appeal before it.