Abstract:
Courts should not be repositories of abandoned cases. Such abandoned matters should be struck out for want of
diligent prosecution be they criminal' or civil. The concern is that such cases are terminated not after hearing on the
merit but have the effect of dismissal . This work finds that a person proceeding to the Supreme Court of Nigeria on
appeal against the judgment/order of the Nigerian Court of Appeal under Order 19 Rule 10 would face legal
challenges with constitutional implications. This work recommends for the abrogation of the provisions of Order 19
Rule I Oof the Court ofAppeal Rules. 2016. Key words: Dismissal, merit, rules. Court ofAppeal, fair hearing