FORGO BATTERY COMPANY LIMITED v. ALAO LAIDE ADEBAYO & ANOR
(2014)LCN/6875(CA)
RATIO
PRACTICE AND PROCEDURE: THE PROCEDURE FOR ARREST OF JUDGMENT IN OUR LEGAL SYSTEM
The law is trite that our rules of Court do not provide for arrest of judgment except may be where the process of the Court has been abused. It is the duty of every court to prevent the abuse of its process and that is an exceptional circumstance under which the Court may arrest a judgment about to be delivered. The Supreme Court in the case of Alhaji Kashim Shettima & Anor. v. Alhaji Mohammed Goni & Ors. (2011) LPELR – 417 per Onnoghen, JSC held thus:
“A part from the peculiar nature of the proceedings giving rise to the appeal, generally speaking and by the decision of this court in Newswatch Communications Ltd, v. Attah (supra) the rules of court have no provision for arrest of judgments about to be delivered by a court, There is however an exception to that general rule as can be gleaned from the decision of this court in the case of Dingyadi v. INEC (No.1) (2010) 18 NWLR (Pt.1224) 1; (2010) 4-7 SC (Pt. 1) 76 where the Sokoto Division of the Court of Appeal sitting on appeal in an election matter was stopped, by this court, from delivering a judgment in an appeal arising from election petition filed in abuse of process as it is the duty of every court to prevent abuse of its process or the process of the court.”
The procedure for arrest of judgment is exotic to our legal system. The Supreme Court in Newswatch Communications Ltd v. Alh. Aliyu Ibrahim Atta (2006) 12 NWLR (Pt.993) 144 per Oguntade, JSC aptly observed thus:
“The procedure for arrest of judgment is now hardly known in our civil jurisprudential system…. “
The instant application for leave and extension of time to file notice of appeal after hearing the appeal and reserving same for judgment is audaciously dispossessed of substance. It stands to be visited with no other fate than dismissal. It is accordingly dismissed for completely lacking in merit. Per HUSSEIN MUKHTAR, J.C.A.
