ALHAJA JURADAT ANIMASHAUN VS G.A. OLOJO
July 15, 2025E.O. AMODU VS DR. J.O. AMODE
July 15, 2025Legalpedia Citation: (1990) Legalpedia (SC) 11193
In the Supreme Court of Nigeria
Fri Sep 7, 1990
Suit Number: SC. 34/1989
CORAM
SAIDU KAWU, JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
UMARU. ATU. KALGO, JUSTICE, SUPREME COURT.
ABDUL GANIYU OLATUNJI AGBAJE, JUSTICE, SUPREME COURT
PARTIES
GOVERNMENT OF ANAMBRA STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is brought against the ruling of the court of appeal but a motion was filed by the respondent seeking to strike out the appeal for want of diligent prosecution. It was the contention of the respondent/applicant that the time to file the record by the appellant has elapsed and having not compiled and filed the record of appeal the appeal should be struck out for want of diligent prosecution. The appellant/respondent however brought an application for enlargement of time to compile and file the records of appeal.
HELD
In dismissing the preliminary application and granting the application for extension of time filed by the appellant, the court held the preliminary objection was misconceive and incompetent and thus struck out.
ISSUES
Whether the respondent’s application was competent?
RATIONES DECIDENDI
DISMISSAL OF AN APPEAL FOR WANT OF PROSECUTION
“The dismissal of an appeal for want of prosecution presupposes that there is a duty which is mandatory for the appellant to perform in order to bring his appeal to the stage of being heard, such as filing a brief of argument or payment of fees, and the appellant has failed, omitted or neglected to perform the obligation”.
CASES CITED
None
STATUTES REFERRED TO
None
