APPELLATE PRACTICE — Abandonment of Appeal — Pendency of Motion for Amendment — Effect
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 26; Paras B—D:
"I do not think it is right or reasonable to hold that an Appellant who has filed a motion for leave to file and argue additional grounds of appeal lacks the will to prosecute his appeal. I regard it as preposterous and an abuse of language to so hold. It is certainly not evidence of apathy towards the prosecution of the appeal or tardiness in doing so. It is certainly in my opinion the opposite. An Appellant who has in court an application to file additional grounds of appeal cannot be said to be apathetic to the prosecution of the appeal the grounds of which he is seeking to add to."
Explanation / Scope
This principle establishes that an appellant who has filed a motion for leave to file additional grounds of appeal cannot be deemed to lack the will to prosecute the appeal; such a motion indicates the opposite. The principle applies where abandonment of appeal is alleged. It ensures that pending motions are considered. The principle reflects that filing motions shows diligence. It prevents dismissal for abandonment where a motion is pending. The court must consider the motion. The principle provides guidance on abandonment of appeal.