PRINCIPLE STATEMENT

Reliance placed on illness and poverty cannot avail appellants as acceptable excuses for delays in prosecution.

RATIO DECIDENDI (SOURCE)

Per Olatawura, JSC, in Ajayi v. Omorogbe (1993) NLC-2651989(SC) at p. 12; Paras C–D.
"Reliance placed on illness and poverty cannot avail the appellants."
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EXPLANATION / SCOPE

Illness and poverty are generally unacceptable excuses for litigation delays unless specifically proved with supporting evidence and showing how they prevented compliance. Vague claims of illness without medical evidence, or poverty without showing inability to obtain legal aid or pro bono assistance, are insufficient. The principle reflects that: (1) many litigants face health and financial challenges without defaulting; (2) accepting these excuses routinely would undermine procedural rules; (3) specific, evidenced impediments may be considered, but general assertions cannot excuse non-compliance. Legitimate illness (evidenced by medical certificates showing incapacity during the relevant period) or genuine poverty (with evidence of attempts to obtain assistance) might warrant indulgence in appropriate cases, but bare assertions without proof are rejected

CASES APPLYING THIS PRINCIPLE