“We are therefore of the opinion that where a first application has been made to the High Court in the first instance and refused, an application to this Court under Order VII Rule 37 could be heard and decided on its merits even though no appeal has been entered in the Court within the meaning of Order VII Rule 12 (2).”

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in ABINA V. TIKA TORE PRESS LIMITED (1968) LCER-469(SC) (P. 5, Paras B – D)