Home court process WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO...

WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT


WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT





Saheed Afeez Ayinde





DEEMLAWFUL

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Amongst numerous reasons that can valid warrant the dismissal of an appeal, The apex court in this court had been called upon to answer the question “WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT”.





The court in answering this question, had made recourse to the effect of below citations.

Kavilla Custard

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It is well established principle of law that where an appellant fails to file his brief of argument within the time stipulated by Order 6 Rule 10 of the Court of Appeal Rules 1981 or within the time extended in his favour by the Court of Appeal as in this instant case, the respondent may apply to the Court pursuant to Order 6 Rule 2 of the same rules for the said appeal to be dismissed for want of prosecution under the same Rules. See Thomas Eminy Olumesan vs Ayodele Ogundepo (1996)2 NWLR (pt.433)628.




Akanke Olowu & Ors V Amudatu Abolore (1993)5 NWLR (pt255)





Where per Karibi-Whyte JSC had this to say







“It has no inherent jurisdiction to set aside an order of dismissal properly made in the valid exercise of its jurisdiction and re-enter the appeal. An appeal dismissed on the ground of the failure to file appellant’s brief of argument is final. The appeal so dismissed can not be revived}.






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