APPELLATE PRACTICE — Death of party — Duty of counsel to notify court — Court of Appeal Rules Order 3 Rule 30(1)
Ratio Decidendi
Per Ogbuagu, JSC, in Sapo & Anor v. Sunmonu (2010) NLC-123-314-2001(SC) at p. 7, paras. E–F:
"It shall be the duty of Counsel representing a party to an appeal to give immediate notice of the death of that party to the Registrar of the court below or to the Registrar of the Court (as the case may require) and to all other parties affected by the appeal as soon as he becomes aware of the fact."
Explanation / Scope
This principle establishes that counsel representing a party to an appeal has a duty to give immediate notice of the party’s death to the Registrar and to all affected parties as soon as they become aware. The principle applies in appellate proceedings. It ensures that the court and parties are informed of a party’s death. The principle reflects the duty of counsel under Order 3 Rule 30(1) of the Court of Appeal Rules. It prevents proceedings from continuing without notice. The court must be notified. The principle provides guidance on the duty of counsel upon a party’s death.