LEGAL PRINCIPLE: APPELLATE PRACTICE – Withdrawal of Appeal – Effect on Co-Appellant’s Appeal – Dismissal Upon Withdrawal Not a Judgment on Merits
PRINCIPLE STATEMENT
A judgment on the merits is a decision that was rendered on the basis of the evidence and facts introduced. It must be a decision made after hearing argument and investigation and where it is determined which party is the right, as distinguished from a judgment rendered upon some preliminary or formal or merely technical or procedural point, or by default and without trial. Thus, the withdrawal of the appeal filed by the 2nd, 3rd and 4th respondents, in this case and the consequential dismissal of the appeal by this court has no bearing whatsoever on the appellant's appeal. The withdrawal of the appeal can only be regarded as if the 2nd, 3rd and 4th respondents had never filed an appeal against the decision of the Court of Appeal, in this case.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at p. 4; Paras D–E.
"A judgment on the merits is a decision that was rendered on the basis of the evidence and facts introduced. It must be a decision made after hearing argument and investigation and where it is determined which party is the right, as distinguished from a judgment rendered upon some preliminary or formal or merely technical or procedural point, or by default and without trial. Thus, the withdrawal of the appeal filed by the 2nd, 3rd and 4th respondents, in this case and the consequential dismissal of the appeal by this court has no bearing whatsoever on the appellant's appeal. The withdrawal of the appeal can only be regarded as if the 2nd, 3rd and 4th respondents had never filed an appeal against the decision of the Court of Appeal, in this case."
EXPLANATION / SCOPE
Withdrawal of an appeal and its consequential dismissal does not constitute a judgment on the merits. It is merely a procedural termination with no res judicata effect. Such dismissal does not affect a co-appellant who continues with their appeal. The withdrawing party is treated as if they never appealed. This principle ensures that one party’s decision to abandon their appeal does not prejudice another party’s independent right to pursue appellate review. The continuing appellant’s appeal is examined on its own merits, unaffected by the withdrawal of co-parties.