APPLICATION NOT RECOGNISED BY RULES OF COURT IS NOT A PROPER APPLICATION

In Newswatch v. Ibrahim Attah (2006) 12 NWLR part 993 at 144 at 179 Paragraphs E – G the Supreme Court held among others that:- “…An application not recognized by the Rules of Court cannot be described as a proper application.”

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APPLICATION WITH NO BACKING OF LAW IS AN ABUSE OF PROCESS

An application that has no backing of law would ordinarily seem or appear to be an abuse of Court’s process: R-BENKAY (NIG.) LTD. v. CADBURY (NIG.) LTD. (2012) 3 SC. (pt. 3) 169; (2012) 9 NWLR (pt. 1306) 596. — E. Eko, JSC. Francis v. FRN (2020) – SC.810/2014

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APPLICATION FOR EXTENSION OF TIME MUST BE BACKED UP BY GOOD AND SUBSTANTIAL REASONS

By the provisions of Order 2 Rule 31 of the Supreme Court Rules both facts in the affidavit, i.e. good and substantial reasons for failure to appeal within the prescribed period; and grounds of appeal which prima facie show good cause why the appeal should be heard must co-exist for the application to succeed. An application for extension of time to appeal would succeed no matter how long after it is brought provided there are good and substantial reasons for the delay. Once a genuine ground on jurisdiction is the reason for the appeal, good and substantial reasons for the delay are no longer necessary.

— O. Rhodes-Vivour, JSC. Francis v. FRN (2020) – SC.810/2014

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COURT MUST RULE ON ALL APPLICATIONS BEFORE IT

In Ani V. Nna & Ors. (1996) 4 NWLR (Pt.440) 101 @ p. 120, this Court had per Niki Tobi JCA., succinctly observed inter alia thus: “A Court of law and indeed a Court of equity has neither jurisdiction nor discretionary power not to take a process before it, whatever may be its pre-trial opinion on it. The process may be a downright abuse of the judicature as an institution or judicialism. It may be stupid, reckless, irregular, aberrant or unmeritorious; the Court must hear it and rule on it.”

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WHERE COUNSEL SAYS THERE IS MOTION FOR APPEAL, BUT MOTION NOT BEFORE JUDGE

What the appellant’s counsel said was that they could not proceed because it is impossible for them to go on without the amendment and that there is an appeal and that they wanted the case to be stood down. Where a counsel says that there is a notice of appeal and a motion for stay of proceedings, the only option for the trial court is to stand down the case so that it could be checked at the court registry if there is notice of appeal and a motion for stay of proceedings. If there is a motion for stay of proceedings, it is incumbent on the trial court to take the motion and it is after he had refused the application that he can call on the defence to go on with their defence.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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A COURT IS BOUND TO RESOLVE ALL APPLICATIONS BEFORE IT

It is trite that when a matter is before a court, that court is bound to hear and determine all applications or issues brought or raised before it by litigants: Atanda v. Ajani (1989) 3 NWLR (Pt. 111) 511; Brawal Shipping (Nig.) Ltd v. Onwadike Co. Ltd (2000) FWLR (Pt. 23) 1254, (2000) 79 LRCN 2348 SC.

— Danjuma, JCA. Tony Anthony Nig. Ltd & Ors. v. NDIC (CA/L/630/2009 • 25 January 2011)

WHERE A MOTION SEEKS TO TERMINATE VS ONE SEEKING TO CURE DEFECT

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APPLICATION NOT RECOGNISED BY RULES OF COURT IS NOT A PROPER APPLICATION

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APPLICATION WITH NO BACKING OF LAW IS AN ABUSE OF PROCESS

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APPLICATION FOR EXTENSION OF TIME MUST BE BACKED UP BY GOOD AND SUBSTANTIAL REASONS

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COURT MUST RULE ON ALL APPLICATIONS BEFORE IT

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WHERE COUNSEL SAYS THERE IS MOTION FOR APPEAL, BUT MOTION NOT BEFORE JUDGE

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A COURT IS BOUND TO RESOLVE ALL APPLICATIONS BEFORE IT

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