LEGAL PRINCIPLE: APPELLATE PRACTICE – Dismissal for Want of Prosecution – Finality of Dismissal and Functus Officio
PRINCIPLE STATEMENT
Where an appeal is dismissed for want of prosecution following the failure of the appellant to file a brief, the dismissal is final and the appeal cannot be revived. The court becomes functus officio.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Babayagi v. Bida (1998) NLC-651989(SC) at p. 4; Paras A–B and p. 8; Paras C–D.
"Where an appellant fails to file his brief within the time provided for in rule 2 above, or within the time as extended by the court, the respondent may apply to the court for the appeal to be dismissed for want of prosecution... Under the Rules the appeal could be dismissed for failure to file brief; or for non-compliance with the conditions of appeal; or for want of prosecution... a dismissal for want of prosecution following the failure of the appellant to file a brief is final and the appeal dismissed cannot be revived. By our order of dismissal this court had become functus officio."
EXPLANATION / SCOPE
Dismissal for want of prosecution is final. The court becomes functus officio. The principle applies to all appeals. The appellant cannot revive the appeal. The rule promotes finality. The appellant must comply with procedural requirements. The principle is well-established.