APPELLATE PRACTICE — Relisting Appeal — Effect of Dismissal Equivalent to Striking Out After Withdrawal
Ratio Decidendi
Per Adekeye, JSC (quoting the Court of Appeal), in The Young Shall Grow Motors Limited v. Okonkwo & Anor (2010) NLC-123-248-2002(SC) at p. 20, para. A:
"The legal effect of withdrawing an appeal on the date it is fixed for hearing is that the appeal is dismissed regardless of how the court order is couched, and the corollary is that such an appeal cannot again be relisted."
Explanation / Scope
This principle establishes that withdrawing an appeal on the date it is fixed for hearing results in dismissal, regardless of how the order is couched, and the appeal cannot be relisted. The principle applies where an appeal is withdrawn at the hearing. It ensures that withdrawal at that stage is final. The principle reflects the rule against relisting dismissed appeals. It prevents parties from relisting withdrawn appeals. The court must treat the appeal as dismissed. The principle provides guidance on the effect of withdrawal at hearing.