APPELLATE PRACTICE — Dismissal of Appeal — Order Made in Error Where Application Pending — Effect of Dismissal Order
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 22; Paras A—B:
"If an appeal is pending or properly pending before the Supreme Court, if there exists an order of dismissal which is a nullity erroneously made by the Supreme Court, it is my opinion that the Supreme Court has inherent jurisdiction to declare that the appeal is still pending, when a proper application is made before it."
Explanation / Scope
This principle establishes that where an order of dismissal is erroneously made while an appeal is properly pending, the Supreme Court has inherent jurisdiction to declare the appeal still pending upon a proper application. The principle applies where dismissal orders are made in error. It ensures that erroneously dismissed appeals can be revived. The principle reflects the court’s inherent jurisdiction. It prevents injustice. The court must entertain the application. The principle provides guidance on dismissal orders.