LEGAL PRINCIPLE: CIVIL PROCEDURE – Want of Prosecution – Inherent Jurisdiction to Dismiss for Inexcusable Delay or Default
PRINCIPLE STATEMENT
The court has inherent jurisdiction to dismiss an action for want of prosecution where there is default in compliance with an order of court or where the plaintiff is guilty of inexcusable and inordinate delay in the prosecution of the action.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Echaka Cattle Ranch Ltd. v. Nigerian Agricultural and Cooperative Bank Ltd. (1998) NLC-1341993(SC) at pp. 11–12; Paras D–A.
"The court has an inherent jurisdiction to dismiss an action for want of prosecution where there is default in compliance with an order of court or where the plaintiff is guilty of inexcusable and inordinate delay in the prosecution of the action."
EXPLANATION / SCOPE
Courts have inherent power to dismiss for want of prosecution. The power is exercised to prevent abuse of process. The plaintiff must prosecute diligently. Inexcusable delay may lead to dismissal. The principle applies to all civil proceedings. The court will consider the length of delay, reasons for delay, and prejudice to the defendant. The rule promotes efficient case management. The defendant must apply for dismissal. The court may also act suo motu. The principle balances the parties’ interests.