GABRIEL DAUDU V. FEDERAL REPULIC OF NIGERIA
April 12, 2025HULL BLYTH NIG. LIMITED v JETMOVE PUBLISHING LIMITED
April 12, 2025Legalpedia Citation: (2018) Legalpedia (CA) 89176
In the Court of Appeal
HOLDEN AT LAGOS
Thu Jan 25, 2018
Suit Number: CA/L/868/2017
CORAM
PARTIES
SHEBAH EXPLORATION AND PRODUCTION COMPANY LTD APPELLANTS
OXBOW CONCEPT & RESOURCES LTD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Applicant/Appellant filed a motion before this court wherein it prayed for an extension of time within which to compile and transmit the record of appeal and to deem the record of appeal already compiled and transmitted as having been duly compiled and transmitted. The Respondent on the other hand, has also filed a motion seeking to dismiss the appeal for failure of the Appellant to compile and transmit the record of appeal within the stipulated statutory period; or in the alternative an order directing the Appellant to deposit the judgment debt of $2,149,507.35 with the “Chief Registrar” of the Court to keep in an interest yielding account pending the determination of the appeal.
HELD
Appeal Allowed
ISSUES
None
RATIONES DECIDENDI
APPLICATIONS – ATTITUDE OF COURT WHERE THERE ARE BOTH CONSTRUCTIVE AND DESTRUCTIVE APPLICATIONS BEFORE IT
“The practice and procedure is that when there is a constructive application to save an action and a destructive application to terminate the action the former is taken and determined before the latter is considered notwithstanding which one was earlier filed or was first in time in the sequence of filing them at the registry of the court vide Nalsa and Team Associates v. N.N.P.C. (1991) 8 NWLR (pt.212) 652 at 676, A.-G., Federation v. A.I.C. Ltd. and Ors.(1995) 2 NWLR (pt.378) 388 at 397.”
ADMINISTRATIVE NEGLIGENCE – WHETHER A LITIGANT SHOULD BE PUNISHED FOR ADMINISTRATIVE NEGLIGENCE
“It is trite that the fault of the court or registry staff of the court should not be visited on a litigant. In other words, a litigant should not be punished or penalised for the administrative error, incompetence, fault, negligence or sins of the court or registry staff of the court over whom the litigant does not have control vide Waziri and Anor, v. Geidam and Ors. (2016) 11 NWLR (pt.1523) 230 at 258 following Nwana v. FCDA (2007) 11 NWLR (pt.1044) 59 at 79 – 80, N.N.B. PLC v. Denclag Ltd. (2002) 1 NWLR (pt.695) 542 at 552, Oyegun v. Nzeribe (2010) 7 NWLR (pt.1194) 577 at 596, Famfa Oil v. A.-G., Federation (2003) 18 NWLR (pt.852) 453 at 469. See also Enterprise Bank Ltd. v. Aroso (2014) 3 NWLR (pt.1394) 356, Adeleke v. Oyo State House of Assembly (2006) 11 NWLR (pt.990) 136, Amosun v. INEC and Ors. (2009) 4 WRN 32.”
CASES CITED
None
STATUTES REFERRED TO
Court of Appeal Rules 2016|
