APPELLATE PRACTICE — Dismissal of Appeal — Order 6 Rule 3(2) — Condition Precedent to Exercise of Jurisdiction
Ratio Decidendi
Per Mahmud Mohammed, JSC, in Ede & Anor v. Mba & Ors (2011) NLC-123-102-1990(SC) at p. 21; Paras A—B:
"It is quite clear from the plain provisions of this Rule that it has laid down a strong precondition or condition precedent to the exercise of the jurisdiction of this Court to dismiss an appeal, where there is no application for extension of time within which to file the brief by the Appellant duly filed awaiting hearing and determination by the Court."
Explanation / Scope
This principle establishes that Order 6 Rule 3(2) lays down a condition precedent to the exercise of jurisdiction to dismiss an appeal: there must be no pending application for extension of time to file the brief. The principle applies where dismissal is sought. It ensures that dismissal only occurs where no extension application is pending. The principle reflects the condition precedent. It prevents premature dismissal. The court must apply the rule. The principle provides guidance on dismissal of appeals.