Western Steel Works Limited & Anor. V. Iron And Steel Workers Union Of Nigeria & Anor. (1986)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C.

The respondents in this appeal seek (1) order of dismissal of the appeal for want of prosecution or alternatively, (2) an order striking out the appeal for non-compliance with section 31 of the Supreme Court Act 1960 or more expressly, for filing their notice of appeal outside the statutory period for filing notice of appeal against interlocutory decisions.

The grounds upon which the application for dismissal was brought as stated in the applicants’ notice of motion are:

“(1) The record of appeal was received by the appellants on the 18th November, 1985;

(2) The appellants ought to have filed their appellants’ brief on or before 27th January, 1986;

(3) As at 28th January, 1986, no brief has been filed by the appellants.”

The grounds on which the alternative prayer was founded are:

(1) Judgment was delivered by the Court of Appeal on 17th July, 1985;

(2) The decision of the Court of Appeal was on an appeal against the interlocutory decision of the Lagos High Court;

(3) The appellants then ought to have appealed against the decision of the Court of Appeal on or before 1st August, 1985;

(4) The notice of appeal was not filed until 9th August, 1985.”

Having regard to the relative importance of the grounds, I shall deal first with the alternative prayer i.e. the, prayer to strike out the appeal. This prayer raises two issues or questions for determination. The first issue raised is whether the decision of the Court of Appeal was an interlocutory decision or a final decision and the second is whether the notice of appeal was filed out of time. Depending on the nature of the decision, two different periods are prescribed for filing notices of appeal against the decisions of the Court of Appeal to the Supreme Court by Section 31(2)(a) of the Supreme Court Act 1960. One period governs appeals against interlocutory injunction and the other period governs appeals against final decisions. Where the decision is interlocutory, the sub-section prescribes a period of 14 days and where the decision is final, the sub-section prescribes a period of 3 months within which the notice of appeal must be filed. More particularly, the subsection reads:

“2. The periods prescribed for the giving of notice of appeal or notice of application to appeal are:

(a) in an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision;