Anis Joseph Halaby & Ors V. Neif Joseph Halaby & Ors (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Impropriety of Lodging an Appeal containing no grounds for the purposeof delay—Proper order to be made on an application to withdraw.

Facts

The appeal contained no grounds of appeal and Counsel for the appellant admitted it was merely brought for the purpose of delay and he wished to withdraw it.

The Court also considered the proper order to be made on an application to withdraw an appeal.

Held

It was an abuse of the process of the Court to lodge an appeal containing no grounds for the purpose of delay.

An appeal either succeeds or it fails. If it fails because the appellant abandons it the one and only order that can be made is that it should be dismissed.

Appeal dismissed.