APPELLATE PRACTICE — Withdrawal of Appeal — Legal Effect of Withdrawal After Litis Contestatio
Ratio Decidendi
Per Muhammad, JSC, in The Young Shall Grow Motors Limited v. Okonkwo & Anor (2010) NLC-123-248-2002(SC) at p. 11, paras. C–D:
"After briefs of argument have been exchanged by the parties whereby issues between them became crystallized, LITIS CONTESTATIO can be deemed to have been reached. A withdrawal of an appeal from that point in time must, as an inflexible rule, lead to the dismissal of the appeal."
Explanation / Scope
This principle establishes that once briefs of argument have been exchanged and issues crystallized (litis contestatio), withdrawal of the appeal leads to dismissal. The principle applies where an appeal is withdrawn after briefs are exchanged. It ensures that withdrawal at that stage results in dismissal. The principle reflects the rule on withdrawal after litis contestatio. It prevents reinstatement of withdrawn appeals. The court must dismiss the appeal. The principle provides guidance on the effect of withdrawal after litis contestatio.