APPELLATE PRACTICE — Extension of Time to Appeal — Election to Seek Other Remedy — Effect on Delay
Principle Statement
The option to appeal against the judgment delivered on 19/3/98 was very much open to the applicant as at 27/4/98 when he elected instead to bring an application to set that judgment aside ... The above is founded in Equity that once an election is made it cannot be recalled.
Ratio Decidendi (Source)
Per Rhodes-Vivour, JSC, in Federal Housing Authority v. Kalejaiye (2010) NLC-123-198-2002(SC) at p. 9; Paras A–D.
"The option to appeal against the judgment delivered on 19/3/98 was very much open to the applicant as at 27/4/98 when he elected instead to bring an application to set that judgment aside ... The above is founded in Equity that once an election is made it cannot be recalled."
Explanation / Scope
This principle establishes that once a party elects to seek another remedy (such as setting aside judgment) instead of appealing, the election cannot be recalled. The principle applies where a party chooses an alternative remedy. It ensures that parties are bound by their choices. The principle reflects the equitable doctrine of election. It prevents parties from changing course. The court must consider the election. The principle provides guidance on the effect of election.
