Background
This case concerns an application made by Linda Akiti, the appellant, seeking to relist an appeal that was previously dismissed by the Supreme Court of Nigeria due to lack of diligent prosecution. The appeal was dismissed on July 13, 2016, while the appellant had a pending application to extend the time for compiling and transmitting the record of appeal. This dismissal occurred amidst an attempt to explore amicable settlement options between the parties involved.
Issues
The principal issues at stake include:
- Whether extraordinary circumstances existed to warrant the restoration of the dismissed appeal under Order 8, rule 8(4) of the Supreme Court Rules.
- What constitutes exceptional circumstances that can compel the court to relist a previously dismissed appeal.
Ratio Decidendi
The Supreme Court held that exceptional circumstances are those facts which, if known to the court at the time of dismissal, would have led to a different outcome. In this case, the prior application for extension to compile the record was submitted before the dismissal occurred.
Court Findings
The court found several critical points:
- The dismissal of the appeal was erroneous as the court was misinformed about the status of the pending application.
- Once a motion for extension of time exists, dismissing an appeal without consideration of that motion constitutes a breach of fair hearing.
- The appellant demonstrated exceptional circumstances, such as attempting to seek an amicable resolution, which warranted the relisting of the appeal.
Conclusion
Thus, the Supreme Court granted the application, restoring the appeal to the cause list, allowing the appellant 30 days to compile and transmit the record of appeal for hearing on the merits.
Significance
This case underscores the importance of fair hearing in legal proceedings, particularly the obligation of the court to consider all pendings motions before dismissing an appeal. The ruling also affirms the court’s willingness to correct its previous errors in the interest of justice, ensuring that parties are afforded the opportunity to present their cases adequately.