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JAMES LATUNDE ADEROKUN

1936

WEST AFRICAN COURT OF APPEAL

NIGERIA

CORAM

  • KINGDON
  • PETRIDES
  • WEBBER
  • C.JJ

Areas of Law

  • Civil Procedure

AI Generated Summary

Chief Justice Kingdon, sitting in Nigeria with colleagues Petrides and Webber, delivered a concise ruling on an application to advance an appeal. The Court emphasized that permission to proceed is discretionary and not granted as of right. After evaluating the circumstances, it found no special grounds supporting the request. Instead, it identified a clear reason for refusal: the applicant was already pursuing a remedy in another court whose jurisdiction was undisputed and where full redress could be obtained. The bench reasoned that allowing a parallel appeal would encourage a multiplicity of proceedings, undermining orderly process. On that basis, the Court dismissed the application and assessed costs at five guineas. The ruling underscores appellate discretion to prevent duplicative litigation when adequate relief is available in a competent alternative forum.