- Kraus Thompson Org. v. N.I.P.S.S.
- ₦ 200
Kraus Thompson Org. v. N.I.P.S.S.
KRAUS THOMPSON ORGANISATION
NATIONAL INSTITUTE FOR POLICY AND STRATEGIC
SUPREME COURT OF
MUHAMMADU LAWAL UWAIS, CJN ( Presided )
SYLVESTER UMARU ONU, JSC
ALOYSIUS IYORGYER KATSINA-ALU, JSC
UMARU ATU KALGO, JSC
NIKI TOBI, JSC ( Read the Lead Judgment )
7TH MAY, 2004
APPEAL - Dismissal of under Order 6, rule 10 of the Court of Appeal
Rules - Whether can be relisted
APPEAL - Brief of argument - Failure of appellant to file brief of
argument - Interpretation of
APPEAL - Brief of argument - Failure of appellant to file within time
provided by the rule or time extended by the court - Right of respondent to
apply to dismiss the appeal - Order 6, rule 10 Court of Appeal Rules, 1981 as
- Brief of argument - Time within which must be filed
NOTABLE PRONOUNCEMENT - Order 6 rule 10, Court of Appeal Rules, 1981 -
Need for amendment to be fair and just to parties on appeal
- Court of Appeal Rules, 1981, Order 6, rule 10 - Appeal dismissed thereunder -
Whether can be relisted
STATUTE - Court of Appeal Rules, Order 6, rule 10 - Need to amend in
order to be fair and just to parties on appeal
STATUTE - Interpretation of - Whether proper for the court to
sympathise with a party in the interpretation merely because the language of
the statute is harsh
STATUTE - Interpretation of - Specific provision of a statute vis-a-vis
general provision on an issue - How interpreted
Whether the Court of Appeal has jurisdiction to relist
for hearing on its merit an appeal struck out on the appellant, as respondentâ€™s
application for want of diligent prosecution arising from failure to file its
brief within the time allowed by the rules.
Whether failure by the appellant to file a
counter-affidavit to the respondentâ€™s application to relist the appeal struck
out was sufficient to accept as unchallenged the reason for failure to file the
brief timeously and to ground the relisting of the appeal struck out.
The matter in
the High Court had to do with transaction in foreign currency in respect of
outstanding payments for the supply of books, journals and/or periodicals. On
13th May, 1996, judgment was given in favour of the appellant by the trial
Judge. The respondent filed an application for an order inter alia, to set aside the judgment of 13th May, 1996 on the
ground that the court lacked jurisdiction to entertain the claim. The
application was dismissed.
with the ruling of the trial Judge, the respondent appealed to the Court of
Appeal. As the respondent failed to file its brief of argument within time, the
appellant filed an application to dismiss or strike out the appeal for want of
diligent prosecution. The application was struck out. The respondent filed an
application to re-list the appeal struck out on the ground that at the time the
appeal was struck out, its counsel was in the Court of Appeal Registry filing
its brief and an application for extension of time to file same. The Court of
Appeal duly re-listed the appeal.
Dissatisfied, appellant appealed to the Supreme Court.