APPELLATE PRACTICE — Conditions of Appeal — Non-Compliance — Dismissal for Non-Compliance with Conditions Precedent
Ratio Decidendi
Per Adekeye, JSC, in Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC) at pp. 7–8; Paras D–A:
"Any party seeking the discretionary power of court must bring his case within the provisions of the Rules on which he purported to make his application. The court shall always refuse to exercise its discretionary power when the rules are not obeyed. The provisions of the Rules make it emphatic that prima facie they are meant to be obeyed and followed. In the circumstance of this case, the rules of court Order 3 Rule 20(1) directs that an appeal shall be dismissed in the event of non-compliance with the conditions of appeal. The reasons cannot be far fetched as non-compliance renders the appeal incompetent."
Explanation / Scope
This principle establishes that non-compliance with conditions of appeal renders the appeal incompetent and liable to dismissal. Rules of court must be obeyed. The principle applies where conditions of appeal are not met. It ensures that procedural rules are followed. The principle reflects the mandatory nature of conditions precedent. It prevents appeals from proceeding without compliance. The court must dismiss incompetent appeals. The principle provides guidance on the consequences of non-compliance.