Yamadu Fabian and Others v Ezama Mark and Others (Civil Appeal 22 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the appeal for want of prosecution under Order 43 Rule 31(2) of the Civil Procedure Rules after the appellants failed for four years to file the record of appeal and written submissions despite multiple court directives and extensions, demonstrating lack of interest in prosecuting the appeal.
Outcome
Appeal dismissed with costs to the respondents
Facts
The appellants appealed a judgment of the Chief Magistrate's Court delivered on 10 February 2022. The memorandum of appeal was filed on 10 March 2022. Over the following four years, the court issued multiple directions requiring the appellants to file the record of appeal and written submissions by specified deadlines. Despite extensions granted on 19 May 2022, 13 September 2022, and 18 September 2024, the appellants repeatedly failed to comply. Although they eventually filed the record of appeal on 8 May 2025, they never served it on the respondents and never filed submissions. The court found this demonstrated lack of interest in prosecuting the appeal.
Issues
- Whether the appeal should be dismissed for want of prosecution given the appellants' repeated failure to comply with court directions.
Orders
- Appeal dismissed for want of prosecution under Order 43 Rule 31(2) of the Civil Procedure Rules S.I. 71-1, as amended.
- Costs awarded to the Respondents.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.