AFOLABI FAJEBE & ANOR v. ISAAC ADEBAYO OPANUGA

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Facts:

Facts:
The appellants filed a notice of appeal at the Court of Appeal, Lagos Division in March 2001 against a decision in which they were parties. In January 2003, the appellants filed an application before the same court seeking leave to amend the notice of appeal, leave to raise a new issue proposed in the amended notice of appeal, leave to file additional grounds of appeal and extension of time within which to file their brief of argument. In January, 2008 the court heard the application and in its ruling, dismissed it alongside the appeal. In dismissing the application and the appeal, the court relied on the fact that the appellants were out of time in filing their brief of argument. The appellants were dissatisfied and filed a notice of appeal at the Supreme Court of Nigeria for an order of the court to overrule the ruling of the Court of Appeal and allow the prayers in their application.
The issue for determination is whether considering all the facts and circumstance of the case, the learned Justices of the Court of Appeal were right to have dismissed the appeal of the appellants for failure to file their brief of argument within time in spite of the unassailable and uncontroverted facts stated in the affidavit in support of the motion and the prayers for an order extending the time to file the said brief and which delay was attributed to ill-health and inadvertence of their counsel coupled with the lateness of the Court of Appeal in making available the necessary documents.

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