APPELLATE PRACTICE — Dismissal of Appeal — Jurisdiction to Dismiss Where Application for Extension of Time is Pending — Order 6 Rule 3(2) of the Supreme Court Rules
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at pp. 21—22; Paras D—A:
"Where there is a pending application in the Court by the Appellant for enlargement of time within which to file the Appellant's brief of argument, the jurisdiction of this Court to dismiss the appeal for failure to file the Appellant's brief under the rule is clearly ousted."
Explanation / Scope
This principle establishes that where an application for extension of time to file the appellant’s brief is pending, the court’s jurisdiction to dismiss the appeal for failure to file the brief is ousted. The principle applies where extension applications are pending. It ensures that appeals are not dismissed prematurely. The principle reflects the condition precedent to dismissal. It protects the appellant’s right. The court must await determination of the application. The principle provides guidance on dismissal of appeals.