NWEKE VS THE STATE
September 3, 2025REV. LIJADU VS MRS FRANKLIN (NEE) LIJADU
September 3, 2025Legalpedia Citation: (1965-04) Legalpedia 88942 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Mon Apr 26, 1965
Suit Number: SC 166/1963
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
BOCKELMANN W. H.
APPELLANTS
THOMPSON NWAEHI
RESPONDENTS
AREA(S) OF LAW
APPEAL/PRACTICE AND PROCEDURE
SUMMARY OF FACTS
When this appeal came up for hearing on the 25th January, 1965, the appellant and his counsel were absent and the appeal was dismissed. On the 5th February, 1965 counsel for the appellant put in a notice of motion under Order 7 rule 21 sub-rule 2 of the Supreme Court Rules, that he would apply for an order to have the appeal re-entered.
HELD
Motion for re-listing refused
ISSUES
RATIONES DECIDENDI
EFFECT OF DISMISSAL OF AN APPEAL
When all appeal is dismissed and the order of dismissal drawn up, that is the end of the appeal: but if no order has been drawn up and entered, the court remains master of the situation and in its discretion, may allow the appeal to proceed. Per Bairamian JSC
CASES CITED
In re Samuel [1945] Chancery 364,
James Lamont & Co. Ltd v. Hyland Ltd. [1950] 1 K.B. 585
STATUTES REFERRED TO
Supreme Court Rules
