APPELLATE PRACTICE — Substratum of Appeal — Withdrawal of Suit — Effect
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Efet v. INEC & Ors (2011) NLC-123-207-2009(SC) at p. 34; Paras A—D:
"Once a suit is struck out, it no longer exists. A case is the foundation of an appeal. Once it is discontinued there is nothing for the appeal court to rehear. An appeal to the Supreme Court is a further and final rehearing of the suit. Appeal courts pronounce on the reliefs before the court of 1st instance and so when the reliefs sought in the court of first instance are withdrawn by a Notice of discontinuance and the suit struck out, there would be nothing for the appeal court to pronounce on."
Explanation / Scope
This principle establishes that once a suit is struck out or discontinued, the substratum of the appeal is destroyed, leaving nothing for the appellate court to rehear or pronounce upon. The principle applies where suits are discontinued. It ensures that appeals are not heard without a foundation. The principle reflects the dependent nature of appeals. It prevents appeals on dead suits. The court must dismiss the appeal. The principle provides guidance on substratum of appeal.