When The Supreme Court Will Grant An Application To Relist An Appeal Previously Dismissed For Want Of Diligent Prosecution

CASE TITLE: GTB v. INNOSON (NIG) LTD (2022) LPELR-56657(SC)

JUDGMENT DATE: 14TH JANUARY, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE.

LEAD JUDGMENT: TIJJANI ABUBAKAR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This is a ruling on an application to relist an appeal earlier dismissed by the Supreme Court for want of diligent prosecution.

FACTS:

By a Motion on Notice, filed on the 5th of November, 2020, the Appellant/Applicant prayed the Supreme Court for the following reliefs:

“1. AN ORDER setting aside the ruling of this Honourable Court made on 27th February, 2019 dismissing the Appellant/Applicant’s Appeal (Appeal No. SC/694/2014), for want of diligent prosecution.

2. AN ORDER of this Honourable Court restoring the Appellant/Applicant’s Appeal (Appeal No. SC/694/2014) which was dismissed for want of diligent prosecution on 27tn day of February, 2019, to the cause list of this Honourable Court for hearing and determination on the merit.”

The application was predicated upon 28 grounds, the main plank of which is that the Court was misled into dismissing the Applicant’s appeal for want of diligent prosecution whilst its valid notice of appeal and amended Appellant’s brief of argument dated 22/6/2018 were still pending before the Court.

In response, a 31 paragraph counter-affidavit was filed on behalf of the Respondent, with several annexures; the substance of which is that the Appellant/Applicant had abandoned its appeal.

ISSUES:

The Court resolved the application upon the consideration of the following issues for determination:

“1. Whether, based on the facts elicited in the affidavit in support of the appellant/applicant’s motion on notice, this instant application is meritorious and this honourable Court ought to grant same

2. Whether mistakes, inadvertence or negligence of counsel should be visited on an innocent litigant.”

DECISION/HELD:

In the final analysis, the application was held to be meritorious and same was granted.

RATIOS:

• APPEAL – RELISTING OF APPEAL: Instance(s) where the Supreme Court will grant an application to relist an appeal previously dismissed for want of diligent prosecution
• JUDGMENT AND ORDER – REVIEW OF JUDGMENT: Whether the Supreme Court has power to review its judgment once delivered
• PRACTICE AND PROCEDURE – MISTAKE OF COUNSEL/COURT/REGISTRY: Whether a party can be held liable for the mistake or fault of his counsel or the Court registry