LEGAL PRINCIPLE: APPELLATE PRACTICE – Dismissal for Want of Prosecution – Dismissal Is Not on the Merits but a Striking Out
PRINCIPLE STATEMENT
Dismissal for want of prosecution cannot be said to be on the merit; it amounts to no more than an order of striking out under the inherent jurisdiction of courts of record.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Akujinwa v. Nwaonuma (1998) NLC-271991(SC) at p. 28; Paras C–D.
"Such a dismissal, however, cannot be said to be on the merit. It amounts to no more than an order of striking out under the inherent jurisdiction of courts of record."
EXPLANATION / SCOPE
Dismissal for want of prosecution is not a judgment on the merits. It does not create res judicata. The principle allows the plaintiff to bring a fresh action. The rule distinguishes between procedural dismissal and dismissal on the merits. The court may impose conditions on refiling. The principle promotes access to justice.