APPELLATE PRACTICE — Appeal — Abandonment — Failure to File Brief Within Time — When Appeal Not Deemed Abandoned
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at pp. 25—26; Paras E—A:
"From the facts and circumstances of this matter, it was not the fault of the Respondent that its motion to amend its notice of appeal and raise fresh issues was not heard in good time to enable it file its brief of argument within the time stipulated by the rules of the court below. The court eventually heard the motion and after granting same, made consequential orders to file briefs of argument and set the appeal down for hearing. All these steps were well taken. It was immaterial that no application was filed when the court below made the consequential orders. In Nneji & Ors. v Chukwu & Ors. (supra) with a similar setting, this court held that the order of the Court of Appeal for filing of briefs out of time without a prior application for same was an order necessary for determining the real question in controversy in the appeal. The orders appear necessary and the need for same arose incidentally."
Explanation / Scope
This principle establishes that where an appellant’s motion to amend its notice of appeal prevents timely filing of its brief, and the court grants the motion and makes consequential orders for filing briefs, the appeal is not deemed abandoned. The principle applies where delay is caused by pending motions. It ensures that appeals are not dismissed for delays beyond the appellant’s control. The principle reflects the court’s power to make necessary orders. It prevents injustice. The court must consider the circumstances. The principle provides guidance on abandonment of appeal.