NATIONAL PORT AUTHORITY, by and thru its Managing Director, MOSES P. HARRIS, JR., Appellant, v. NIMENE DOE and THE BOARD OF GENERAL APPEALS, Ministry of Labour, Appellees.
MOTION TO DISMISS APPEAL FROM THE NATIONAL LABOR COURT.
Argued June 8, 1989. Decided July 14, 1989.
1. Failure to perfect an appeal, as required by law, is ground for dismissal of the appeal.
At the call of the case for hearing of the appeal, the Court’s attention was called to a motion to dismiss the appeal, which had been filed by appellees. A perusal of the case file showed that no resistance had been filed, thereby confirming that respondent had conceded the motion. The motion was, therefore, granted and the appeal dismissed.
Theophilus C. Gould appeared for appellant. Alfred B. Flomo appeared for appellees.
MR. JUSTICE AZANGO delivered the opinion of the Court.
When this case was called for hearing, it was brought to our attention by counsel for movant/appellee that he had filed a motion to dismiss the appeal. The motion states as follows:
1. That Appellee Nimene Doe filed a complaint before the Ministry of Labour for wrongful dismissal and on December 19, 1986, a ruling was given in favour of appellee and to which ruling respondent/appellant took an exception and announced appeal to the Board of General Appeals. The Board of General Appeals upheld the hearing officer’s ruling on the 5th day of March, 1987. Appellant, being dissatisfied with the hearing officer’s ruling and the ruling of the Board of General Appeals, appealed to the National Labor Court. On the 8th day of May, 1987, the National Labour Court affirmed and confirmed the ruling of the hearing officer and the Board of General Appeals. From this last ruling, the appellant appealed to this Honourable Court. Although said appeal was announced on May 8, 1986, same was not perfected and it would appear that the appellant does not intend to prosecute said appeal but instead hold said case in suspense to the serious embarrassment, inconvenience and loss of your humble movant.
2. That since appellant announced an appeal to this Honourable Court, it has been one (1) year fifty three (53) days and yet the appellant has failed to perfect same, as he has failed to have the records transmitted to this Honourable Court which is tantamount to an abandonment of the appeal.
3. That the attached certificate from the clerk of the National Labour Court will further show that there is no intention on the part of the appellant to proceed in prosecuting said appeal.
Having discovered that there was no resistance filed thereto, counsel for respondent conceded the facts controlling said motion and requested this Court to have same granted.
In view of these facts and circumstances, the motion be and the same is hereby granted and the appeal is dismissed.
Motion granted; appeal dismissed.