Facts
Following the demolition of the properties of the 1st to 10th Respondent, they instituted an action at the High Court of the FCT Abuja, seeking inter alia, a declaration that the demolition of their shops was unlawful. They also sought compensation for the demolition as well as loss of earnings. The trial court granted the reliefs in part. Dissatisfied with the refusal of the other reliefs, the 1st to 10th Respondent filed a Notice of Appeal at the Court of Appeal on 5th March 2010. The record of appeal was however compiled and transmitted outside the prescribed time; hence, the 1st to 10th Respondent filed an application to regularize the late transmission of the record on 16th November 2011. Subsequently, they filed their Appellants’ Brief of Argument on 29th August 2012 together with a motion for leave to amend their Notice of Appeal. Thereafter, they filed another motion dated 28th June 2013 for leave to amend their Notice of Appeal. Both applications to amend their Notice of Appeal were subsequently withdrawn. Thereafter, they filed a fresh motion for leave to amend their Notice of Appeal on 11th April 2014.
Whilst the 1st to 10th Respondent’s applications were still pending before the Court of Appeal, the Appellant filed an application on 3rd December 2014 seeking the dismissal of the appeal for want of diligent prosecution. The Court of Appeal granted the application and dismissed the appeal pursuant to Order 8 Rule 18 & Order 18 Rule 10 of the Court of Appeal Rules, 2011 to the effect that where an Appellant fails to compile and transmit the records after the failure of the registrar to do so or where an Appellant fails to file his brief within time, the Respondent may apply for the appeal to be dismissed for want of diligent prosecution.
