LEGAL PRINCIPLE: APPELLATE PRACTICE — Court of Appeal Rules — Order 3 Rule 15 — Non-Compliance — Court May Refuse to Entertain Objection
PRINCIPLE STATEMENT
By Order 3 rule 15(3) of the Court of Appeal Rules, if the respondent failed to comply with this rule, the court may refuse to entertain the objection. Rules of Court are meant to be obeyed and not in our statute books for fancy.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC (quoting Ogebe, JCA in Arewa Textiles Plc v. Abdullahi and Brothers Musawa Ltd. (1998) 6 NWLR (Pt. 554) 508), in Oforkire & Anor v. Maduike & Ors (2003) NLC-971995(SC) at pp. 10–11; Paras E–A.
"By Order 3 rule 15(3) of the Court of Appeal Rules, if the respondent failed to comply with this rule, the court may refuse to entertain the objection. Rules of Court are meant to be obeyed and not in our statute books for fancy."
EXPLANATION / SCOPE
Non-compliance with court rules may lead to refusal to entertain an objection. The principle applies to appellate practice. Rules must be obeyed. The rule ensures procedural compliance. The court has discretion to refuse. The principle is well-established.