BEST LAW REPORT SUBSCRIPTION PRICE!!

  • R.T.T.T.O.U v. Nigeria Union of Mine Workers
  • 711
  • 2014-01-13
  • ₦ 200
  • Buy Now

R.T.T.T.O.U v. Nigeria Union of Mine Workers

  1. REGISTERED TRUSTEES OF TRIPPING TRAILERS OWNERS UNION
  2. MR. COSMAS (MANAGER TIPPING TRAILERS OWNERS UNION

V

NIGERIAN UNION OF MINE WORKERS

COURT OF APPEAL

( CALABAR DIVISION )

MOHAMMED LAWAL GARBA JCA ( Presided )

UZO I. NDUKWE-ANYANWU JCA

ONYEKACHI A. OTISI JCA ( Read the Lead Ruling )

CA/C/83/2012

THURSDAY, 14 FEBRUARY 2013

APPEAL - Brief of argument - Statutory time within which the appellant must file - Where fails to comply with or apply for extension of time - Option available to respondent - Appeal thus dismissed for want of diligent prosecution - Whether may be restored Court of Appeal Rules, 2011, Order 18, rules 2 and 10 (1) & (2) considered

APPEAL - Dismissed of appeal for want of diligent prosecution under Order 18, rules 2 and 10 and Order 8, rules 18 and 20 of the Court of Appeal Rules - Difference between

APPEAL - Record of appeal - Where registrar of lower court or appellant fail to compile and transmit - Right of respondent to apply for dismissal of appeal - Application for restoration of Propriety of applicant filing - Grant of - Discretionary powers of appellate court therefor - Court of Appeal Rules, 2011, Order 8, rules 18 & 20 considered

STATUTE - Court of Appeal Rules, 2011, Order 18, rules 2 and 10(1) & (2) - Brief of argument - Statutory time within which the appellant must file - Where fails to comply with or apply for extension of time - Option available to respondent - Appeal dismissed for want of diligent prosecution - Whether may be restored

STATUTE - Court of Appeal Rules. 2011, Order 8, rules 18 & 20 Record of appeal - There registrar of lower court or appellant fail to compile and transmit - Right of respondent to apply for dismissal of appeal - Application for restoration of - Propriety of appellant filing - Grant of - Discretionary powers of appellate court therefore

Issue:

Whether the appeal of the applicants dismissed for want of diligent prosecution may be restored upon application for.

Facts:

The appellant/applicants claimed that they were dissatisfied by the decision given by the trial court and they filed an appeal to the Court of Appeal challenging same. They further claimed that the counsel prosecuting the appeal was hit by an avalanche of personal bereavement which threw him off balance and the appeal was practically abandoned and it was subsequently struck out by the appellate court. They filed the present application seeking order of court restoring the appeal. In support of the application, they pleaded that they did not receive notice of any motion filed by the respondent seeking dismissal of the appeal nor were they aware of the date of the hearing of the motion. That the Court of Appeal has discretion to restore a matter dismissed for want of diligent prosecution where the applicant furnishes good and sufficient cause and since they were not served with the motion for dismissal, the appellate court ought to exercise its discretion in their favour. In determining the application, the Court of Appeal considered:

Court of Appeal Rules, 2011, Order 8, rules 18 -20:

“18. If the registrar has failed to compile and transmit the records under rule 1 and the appellant has also failed to compile and transmit the records in accordance with rule 4, the respondent may by notice of the motion move the court to dismiss the appeal.

  1. Where an appeal has been dismissed under rule 18 of this Order, a respondent who has given notice under Order 9 may give notice of appeal and the provisions of Order II, rule 6 shall apply as if the appeal were brought under that rule.
  2. An appellant whose appeal has been dismissed under this rule may apply by notice of motion that this appeal be restored and any such application may be made, to the court, who may in its discretion for good and sufficient cause, order that such appeal be restored upon such terms, as it may think fit.”