LEGAL PRINCIPLE: APPELLATE PRACTICE – Dismissal for Want of Prosecution – Absence of Appellant or Counsel
PRINCIPLE STATEMENT
Where the appellant is served with motion papers and is absent without reason, and his counsel also fails to attend without prior notification, the court may dismiss the appeal for want of prosecution.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Babayagi v. Bida (1998) NLC-651989(SC) at p. 13; Para E and p. 15; Para B.
"The appellant was served with the motion papers, he is not in court this morning. No reason was given for his absence. Application is therefore granted. Appeal is hereby dismissed... The learned Justices of the Court of Appeal were also right in dismissing appellant's appeal in the absence of appellant's counsel who though served with the motion papers refused and or failed to attend the court without prior notification to the court."
EXPLANATION / SCOPE
Absence of appellant or counsel without reason warrants dismissal. The principle applies to all appeals. The court has discretion to dismiss. The rule promotes efficiency. The party must attend court. The principle is well-established.