LEGAL PRINCIPLE: APPELLATE PRACTICE – Dismissal for Want of Prosecution – Inherent and Statutory Powers of Court to Dismiss for Want of Prosecution
PRINCIPLE STATEMENT
Every court of record has inherent jurisdiction to control its proceedings, including the power to strike out or dismiss proceedings for want of diligent prosecution.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Akujinwa v. Nwaonuma (1998) NLC-271991(SC) at pp. 25–26; Paras C–F.
"Apart from its rules of court, every court of record has an inherent jurisdiction to control its proceedings… The court has inherent jurisdiction to strike out a case that is vexatious or frivolous… to strike out proceedings for want of diligent prosecution."
EXPLANATION / SCOPE
Courts have inherent powers to manage their proceedings. Dismissal for want of prosecution is a recognised exercise of that power. The principle applies to all courts of record. The court may act on its own motion or on application. The rule ensures that litigation proceeds diligently. The plaintiff must prosecute the case with reasonable dispatch.