FRED T. NIMELY et al. and THE BOARD OF GENERAL APPEALS OF THE MINISTRY OF LABOUR, R. L., Appellant, v. UNITED STATES TRADING COMPANY, by and thru its representative, Appellee.
JUDGMENT WITHOUT OPINION
Decided December 18, 1985
Appellee has filed a motion to dismiss appellants’ appeal on the grounds that after announcement of the taking of an appeal by the appellants from the ruling of the court below given on the 7th day of May, 1984 and the filing of an approved bill of exceptions, the said appellants have not filed an approved appeal bond and notice of completion of appeal as mandatorily required by law within the time allowed by statute which should have been on or before the 6th day of July, 1984 of rendition of final judgment. Although the motion to dismiss was filed on the 24th day of May, 1985, and served on the appellants, no resistance thereto was filed.
At the call of the motion for argument, Counsellor S. Raymond Horace appeared for the appellee/movant and Counsellor Francis Y. S. Garlawolu appeared for the appellants and spread on the minutes of Court that he concedes the legal soundness of the motion and therefore had no resistance to offer.
After carefully studying the motion and being convinced that no approved appeal bond and notice of completion of the appeal was filed by appellants in compliance with the mandatory requirements of the appeal statute, it is hereby adjudged that the motion to dismiss the appeal should be, and the same is hereby granted with costs against the appellants. The Clerk of this Court is hereby ordered to send a mandate down to the court below to resume jurisdiction and proceed to enforce its judgment. And it is hereby so ordered.
NOTE: Mr. Justice Nyeplu having been absent when this case was called; hence he did not sign this judgment.