WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT

WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT

Saheed Afeez Ayinde

DEEMLAWFUL

Amongst numerous reasons that can valid warrant the dismissal of an appeal, The apex court in this court had been called upon to answer the question “WHETHER AN APPEAL CAN BE DISMISSED ON THE GROUND OF FAILURE TO FILE APPELLANT’S BRIEF OF ARGUMENT”.

The court in answering this question, had made recourse to the effect of below citations.

It is well established principle of law that where an appellant fails to file his brief of argument within the time stipulated by Order 6 Rule 10 of the Court of Appeal Rules 1981 or within the time extended in his favour by the Court of Appeal as in this instant case, the respondent may apply to the Court pursuant to Order 6 Rule 2 of the same rules for the said appeal to be dismissed for want of prosecution under the same Rules. See Thomas Eminy Olumesan vs Ayodele Ogundepo (1996)2 NWLR (pt.433)628.

Akanke Olowu & Ors V Amudatu Abolore (1993)5 NWLR (pt255)

Where per Karibi-Whyte JSC had this to say



“It has no inherent jurisdiction to set aside an order of dismissal properly made in the valid exercise of its jurisdiction and re-enter the appeal. An appeal dismissed on the ground of the failure to file appellant’s brief of argument is final. The appeal so dismissed can not be revived}.

Expositions Legal

deemlawful View All →

Islamist || Educational || Motivational || Legal || Public Speaker || Professional || Activist ||

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: