“We were ourselves anxious to see whether we could do anything, but things had reached a point before the notice of motion was filed on the 5th February which precludes the Court from helping the appellant. According to English practice, to which we go for guidance, it appears from In re Samuel [1945] Chancery 364, and James Lamont & Co. Ltd v. Hyland Ltd. [1950] 1 K.B. 585, that when all appeal is dismissed and the order of dismissal drawn up, that is the end of the appeal: but if no order has been drawn up and entered, the court remains master of the situation and in its discretion, may allow the appeal to proceed. In the present case the order of dismissal was drawn up and dispatched to the Registrar of the High Court, Lagos on the 29th January, 1965 before ever the solicitor for the appellant filed his notice of motion for the appeal to be re-entered. It is a pity that he did not file his notice of motion on the 25th January or the 26th, early and in time to give the Registry warning not to draw up the order of dismissal.”
APPEAL – Order of Dismissal – Whether the Appellate Court has jurisdiction over an appeal when all appeal is dismissed and the order of dismissal drawn up
APPEAL – Award of Cost – Attitude of an appellate court as it relates to interference with award of cost by a lower CourtAPPEAL – Extension or Enlargement of Time to Appeal – Whether the grant of an application for extension of time to appeal is at the discretion of the Court; how a judicial discretion must be exercised