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APPEALS & APPELLATE PRACTICE: NIGERIAN COURT JUDGMENTS

Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

7 UP BOTTLING CO. LTD. V.ABIOLA AND SONS BOTTLING CO. LTD(CA)

APPEAL ‑ Stay of execution ‑ When it can he made in the first instance to the Court of Appeal ‑ Need to show special circumstances ‑ What constitutes special circumstance - Order 3 Rule 3(4) of the Court of Appeal Rules, 1981 (as amended in 1984) construed.

7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTD

APPEAL - EXERCISE OF DISCRETION: Attitude of appellate court to exercise of discretion by the trial court

A. A. AJAYI V. ABUDU LASISI AJIBOLA ODUNSI

 

A. AMEH A. AKPA DIGA v. ADAM TONY

APPEAL:- Limitations of the general powers of the Court of Appeal – Whether it is the grounds of appeal that activates the jurisdiction of the appellate court to adjudicate on matters placed before it in an Appeal- Vital ingredients for the invocation of the Section 15 power of the Court of Appeal

A. C. B. v. OBMIAMI  BRICK AND STONE

APPEAL - Appeal from High Court to Supreme Court - Whether competent.

APPEAL - Exercise of discretion - Ground of appeal challenging - Whether in all cases one of mixed law and fact - Exception thereto.

A. G. ANAMBRA STATE V. A. G. FEDERATION

APPEAL - Appellate jurisdiction of the Supreme Court - Scope of.

A. G. FED. v. GUARDIAN NEWSPAPERS LTD.

APPEAL - Issues for determination - Formulation of- Rules governing.

APPEAL - Supreme Court - Previous decision thereof- Bindingness of - When it will revisit and overrule same - Duty on parry calling for the revisit or overruling - What he roust do to succeed.

A-G, OYO STATE V. FAIRLAKES HOTEL LIMITED

APPEAL:- Fresh points on appeals - Application for leave to raise new points not raised in court below - Motion on Notice pursuant to Order 6 c5(1), Supreme Court Rules, 1985 - Objection in limine by opposing party - Powers of Supreme Court to entertain new points not raised below -Section 22, Supreme Court Act, 1960.

A. I. C. LIMITED V NIGERIAN NATIONAL PETROLEUM CORPORATION

APPEAL - Decision of lower court - Where right but based on wrong reasons - Whether appellate court will set aside.

APPEAL:- Fresh issue on appeal -Fresh point in the Supreme Court - When may be raised - Need for leave therefor.

A.C.B. LTD V KOTUN

 

A.C.B. LTD.  v. OBA

APPEAL -Findings of fact and evaluation of evidence by trial court-Trial court failing to properly evaluate the evidence before it-Wrong inference made from admitted facts - Attitude of appellate court thereto.

A.C.B. LTD. BENIN CITY V. EHIEMUA AND ANOTHER

 

A.G. IJALE V A.G.LEVENTIS AND CO.LTD.

APPEAL - Evidence of expert in conflict with findings of trial Court 6y another Judge - Judge preferring expert evidence - Propriety of.

APPEAL - Raising fresh point on appeal - Impropriety.

A.G. LEVENTIS NIGERIA PLC V AKPU

APPEAL

A.G. OF THE GAMBIA v PIERRE SARR N'JIE

APPEAL: When a person not party to a suit may be allowed to appeal decision arising from that suit – power of the Attorney General thereto

A.G. ONDO STATE V. A.G. EKITI STATE

APPEAL - Appellate court - circumstances when it can interfere with exercise of discretion by trial court.

A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT. II

APPEAL:- to Supreme Court (Civil) - Rights of appeal - High Court opinion on questions of law referred by Arbitrator - Whether any appeal lies therefrom.

A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT.

APPEAL:- Leave to appeal - No tangible ground - Whether leave ought to be refused.

ABABA AND ANOTHER  V. ADEYEMI

APPEAL:- Wrong heading of Notice of Appeal - Appeal struck out.

ABAMPA UGUONG V THE QUEEN

APPEAL:- Leave to appeal - No tangible ground - Whether leave ought to be refused

ABASI V. ONIDO (CA)

APPEAL Findings of fact by trial court Attitude of appellate court thereto When it will interfere therewith.

ABAYE  V OFILI

APPEALS:- To Supreme Court - New point raised - Permissibility where substantial point of law involved and all relevant facts already before court and no satisfactory explanation in courts below - Illegality of State Lands (Cancellation of Leases) Edict of Rivers State - Issue raised for first time in Supreme Court following its decision in another case nullifying the Edict.

ABBEY V ALEX (CA)

APPEAL - Appeal from Court of Appeal to Supreme Court- Notice of appeal not containing a single ground of law, - Effect thereof.

APPEAL - Appeal from Court of Appeal to Supreme Court - Question of lam, for purposes of determining whether leave to appeal is required - Meaning of.

APPEAL - Appeal from Court of Appeal to Supreme Court - Question of law, Question of fact, Question of mixed law and fact -Meanings and distinctions for purpose of determining whether leave to appeal is necessary.

APPEAL - Appeal from Court of Appeal to Supreme Court -Where leave required -Failure to obtain leave -Notice of appeal not containing a single ground of law - Effect on application for stay of execution.

APPEAL - Exercise of discretion - Whether a question of lam, or fact for purpose of leave to appeal from Court of Appeal to Supreme Court

APPEAL - Findings of facts -Whether a question of law or of fact which requires leave to appeal to Supreme Court.

APPEAL - Grounds of appeal - Classification of - Relevance of particulars

ABDU V. THE STATE

APPEAL - COURT:- Proper steps for an appellate court to take where the lower court has failed to properly evaluate the evidence led by parties at the trial – When the question of credibility of witnesses would not arise - Whether to order a retrial or carry out the evaluation of the evidence available on the records – When the case of the Respondent revolves around unchallenged testimonies of the prosecution witnesses and the confessional statement of the Appellant - Whether court can exercise its power of evaluation of evidence

APPEAL:- Formulation of an issue on appeal – Effect when ground of appeal discloses no issue for determination

ABDUL MAJEED NASIRU V COMMISSIONER OF POLICE

APPEAL - INTERFERENCE WITH FINDINGS OF LOWER COURT: When would be proper for the appellate court to interfere the trial courts' findings

ABDULKARIM v. INCAR

APPEAL:- Leave to appeal -Order made with consent of parties - What amounts to “consent” - Section 220(2)(c), 1979 Constitution considered.

ABDULLAHI BAlDO V. SIKIRU USMAN

APPEAL:- Respondent to appeal- Failure of to appear at hearing -Effect of on onus of appellant to prove its case.

ABDULLAHI ISA v THE QUEEN

APPEAL - Finding of fact by Trial Court - Attitude of Appellate Courts to invitation to interfere therewith – How treated

ABE V AKAAJIME

APPEAL - Appeals - Proceedings relating thereto - Guiding principles.

APPEAL - Fresh point- Leave to file additional ground of appeal sought and granted - Additional ground raising fresh point- Whether leave of court required to argue fresh point

APPEAL - Fresh point - New issues on appeal - Objection thereto - When to raise.

APPEAL - Ground of appeal - Abandoned ground of appeal - Argument thereon - Whether court can entertain.

APPEAL - Ground of appeal abandoned - Parties arguing and court pro­nouncing on abandoned ground -Whether such abandoned ground can be raised at appellate court

ABIBU V. BINUTU AND ANOTHER

APPEALS:- Findings of fact by trial court - When appellate Court may interfere and make an order of retrial - Principles governing.

ABIEGBE  V UGBODUME

APPEALS:- Finding of fact by lower courts not appealed against - Effect of - Attitude of appellate court thereto.

ABIETO ALAGOMA & ORS v. SHELL PET. DEV. CO. LTD

APPEAL- GROUNDS OF APPEAL:- how Court determines an appeal

ABIODUN V. FASANYA

APPEAL:- Where Defendant did not file pleadings and moved court to dismiss claims – Where Trial court granted injunction- When Appeal court may interfere

ABINA AND OTHERS. V. TIKA TORE PRESS LTD.

APPEAL:- Application to High Court for stay of execution pending determination of appeal refused - Application for stay to Supreme Court - whether application could be heard in Supreme Court under order VII rule 37 without an appeal being formally entered in Supreme Court.

ABIODUN ADELAJA V OLATUNDE FANOIKI & ANR

 

ABIODUN FAMUROTI  V. MADAM S. AGBEKE

APPEAL:- Attitude of court to concurrent findings of lower courts - Whether every error discovered on appeal will automatically lead to the reversal of a judgment

ABIODUN ODEDIRAN V THE STATE

APPEAL:- Right of appeal - Constitutional nature of - Person convicted and sentenced for offence of murder -Right of appeal of - Automatic nature of - Duty on court to give effect thereto.

ABIODUN OLAOSEBIKAN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

APPEAL - ISSUES FOR DETERMINATION:- whether appellate court is duty bound to take all issues as formulated by the parties

ABIODUN V ADEHIN

APPEAL: Grounds of appeal - Preparation thereof - Need for care.

ABIOLA & SONS BOTTLING CO. LTD V. 7UP BOTTLING CO.  LTD & ORS

APPEAL:- whether Court is not bound to resolve any issue which has no effect one way or the other on the matter in dispute- whether court is bound to address and render a decision on every issue for determination- when a cross appeal is filed-

ABIORO V. THE STATE

 

ABISI V. EKWEALOR

APPEAL - “Misdirection” - Ground of appeal alleging misdirection in law - Meaning of misdirection.

APPEAL - Brief of argument - Purpose of

APPEAL:- Brief writing - Issues for determination - Formulation of - Purpose.

APPEAL:- Brief writing - Issues for determination - Need to arise from and be related to grounds of appeal - Issue not arising from any ground of appeal - Whether competent - How treated.

APPEAL:- Brief writing - Requirements of a good brief.

APPEAL:- Evaluation of evidence - Primary function of trial court -When appeal court may interfere.

APPEAL:- Fresh point on appeal - Raising estoppel for the first time on appeal - Whether permissible.

APPEAL:- Grounds of appeal - “Misdirection” - What amounts to.

APPEAL:- Grounds of appeal - Appeal court raising suo motu issue not farming grounds of appeal - Whether proper.

APPEAL:- Grounds of appeal - Complaint that judgment is against the weight of evidence - What it postulates.

ABISOGUN  V. ABISOGUN

APPEAL:- Appeal from High Court to Supreme Court - Whether competent.

APPEAL:- Exercise of discretion - Ground of appeal challenging - Whether in all cases one of mixed law and fact - Exception thereto.

APPEAL:- Grounds of appeal -Classification of-Ground challenging exercise of discretion - When it can be one of law alone - Relevant consideration.

ABOABA V KALAIWO

APPEAL:-Order for retrial; reason: absence of finding on important issue.

ABODERIN V. MORAKINYO

 

ABODUNDU V THE QUEEN

APPEAL:- Criminal appeal - Re-trial- When to be ordered -Applicable prin­ciples.

ABRAHAM V OLORUNFUNMI(CA

APPEAL:- Findings of fact of trial court - Attitude of appellate court.

ABUBAKAR DAN SHALLA V. THE STATE

 

ABUBAKAR V. FEDERAL MORTGAGE BANK LTD.(CA)

APPEAL – Hearing of appeal – need for appellate court to refrain from commenting on issues not placed before it.

APPEAL – Hearing of appeal – respondent absent without filing brief – court to entertain appeal on the strength of appellant’s brief – order 6 rule 9(5) of the Court of Appeal Rules Cap. 62 of 1990 applied.

ABUKAR V THE STATE

 

ABUSOMWAN V MERCANTILE BANK OF NIG. LTD.

APPEALS:- Findings of fact where trial court fails to evaluate evidence and make correct findings - Findings of fact peculiarly within province of trial court. Agency - Disclosed principal - Whether he may be sued or sue on contract. Tort - Negligence - Failure of banker to adhere to instructions on banker’s guarantee - Effect.

ABUSOMWAN V. AIWERIOBA AND ANOTHER

APPEAL - Retrial order - When made - Principles guiding.

ACB  PLC VS EMOSTRADE LTD

APPEAL:- Issue for determination – formulation of in a brief – Need for same to arise and be founded on a ground or grounds of appeal filed – Whether parties to an appeal will not be allowed to argue any issue not covered by the grounds of appeal – Effect

APPEAL: Issues for determination - Splitting of ground of appeal into more than one issue for determination – Validity – Whether a ground or more grounds of appeal may be related to an issue and argued together but a ground of appeal may not be framed into several issues and canvassed separately

APPEAL:- Omnibus ground of appeal – Where relates to examination or review of quantum of damages – Validity

APPEAL:- Ground of appeal – Ground relating to quantum of damages – Whether quantum of damages can only be questioned by a ground of law and not of fact

ACHIAKPA V NDUKA

APPEAL - Finding of facts by trial court - attitude of Appellate court thereto.

APPEAL - Grounds of Appeal - issues for determination not contained in the grounds of Appeal - whether an appellate court can hear and decide such issues.

APPEAL - Obiter Dictum - whether it can be appealed against. APPEAL - Supreme Court - concurrent findings offact - attitude of Supreme Court thereto.

APPEAL - Supreme court - Order of retrial - when Supreme Court will order a retrial.

ACTION CONGRESS OF NIGERIA v. SULE LAMIDO & ORS

APPEAL:- whether the concurrent judgments of the two lower courts were right

ADAJE V STATE

APPEAL:- Finding of fact of trial court – Attitude of appellate court to invitation to interfere with same unless the decision arrived at pursuant to such findings was unreasonable, unwarranted and cannot be supported having regard to such evidence

ADAM EUNICE ENABULELE VSM. MADAM OMOYEVBESE AGBONLAHOR

APPEAL:- When appeal will be held frivolous by reason of grounds exhibited to affidavit supporting application for stay of execution

ADAMA  V. ANAJA (SC)

APPEAL:– Ground of appeal – whether same can allege an error in law and a misdirection of facts at the same time.

APPEAL:– Grounds of appeal – misdirection and error of law – meaning and distinction between.

APPEAL:– Grounds of appeal – nature of.

ADAMA V.  ONOJA(CA)

APPEAL:- Filing an appeal from the decision of the High Court given in its appellate jurisdiction- whether leave is required when grounds of appeal are of law and fact.

ADAMO AKINWUMI AND 4 ORS. V. G.O.LATOKUN

APPEAL:- Findings of fact - Trial court believing contradictory evidence and basing judgment thereon - Attitude of the Supreme Court thereto.

ADAMU SULEMAN & ANOR. V. COMMISSIONER OF POLICE, PLATEAU STATE

APPEAL - INTERFERENCE WITH TRIAL COURTS' DISCRETION: When Appellate Court will interfere with decision of lower court

ADEBAJO V ADEBAJO (S.C.)

 

ADEBANJO OGUNBANJO V THE STATE

 

ADEBAYO  V. IGHODALO

APPEAL:– Findings of fact - Concurrent findings of the lower: courts - Attitude of the supreme court thereto -When it will interfere.

ADEBAYO ATILADE V. LUCETTA ATILADE

 

ADEBAYO V JOHNSON

APPEAL

ADEBAYO V. THE STATE

APPEAL - When an Appellate Court will interfere with the findings of the lower Court 

ADEBISI JACOB OLAWEPO V. SECURITIES AND EXCHANGE COMMISSION

APPEAL - GROUND OF APPEAL:- Effect of issue for determination not formulated from a ground of appeal

ADEBISI MACGREGOR  ASSOCIATES LIMITED V NIGERIA MERCHANT BANK LIMITED

 

ADEBIYI V.   THE STATE

APPEAL - INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S): Instances where an appellate court would interfere with the concurrent findings of the lower courts  

ADEBOLA OREDOYIN V AKALA  AROWOLO

 

ADEBOTE V THE QUEEN

 

ADEBOWALE V AINA

APPEAL:- Damages - Attitude of Appellate Court.

ADEDEJI  Vs. NATIONAL BANK OF NIGERIA LTD (CA)

APPEAL:– Issues for determination – power of Court of Appeal to condense issues formulated by parties.

ADEDEJI ADESANYA v. FDERAL REPUBLIC OF NIGERIA

APPEAL:- factors appellate court must satisfy itself of in other to justify an order of retrial- whether a court can draw inferences from the facts of the case and the record to determine an issue addressed or raised at the trial, even if it is not specifically raised as an issue by the parties on appeal

ADEDEJI V OLOSO

APPEAL:- Right of appeal - Section 241(2)(c) of 1999 Constitution of Federal Republic of Nigeria - Purport of - Whether deals with consent judgment.

ADEDEJI V. POLICE SERVICE COMMISSION

 

ADEDIJI AND ANOTHER V. AKINTARO AND ORS

APPEAL:- Briefs - Co-respondent filing a brief different from respondent’s brief - When it will not he allowed.

ADEDIRAN  V INTERLAND TRANSPORT LIMITED

APPEAL:- Appeal court deciding to use document on which no issue joined – Need to call for counsel's address.

APPEAL:- Fresh point on appeal - When it will be allowed.

ADEFULU  V OKULAJA

APPEAL:- Judgment of trial court - Where declared null and void by appeal court - Effect on trial court.

ADEGBAIYE V AKINRIMISI

APPEAL:- Civil Appeal - Intervention with findings of fact made by trial court Power of Court of Appeal to amend pleadings.

ADEGBAIYE V. AKINRIMISI

APPEAL:- Civil Appeal - Interference with findings of fact made by trial court – Attitude of appeal court thereto

ADEGBESAN V.  THE STATE

APPEAL:- Filing of - When deemed properly filed

ADEGBOYEGA OKUSANYA; CLERIC (NIG) LTD. CO-OP. BANK  LTD V. GBEMINIYI OGUNFOWORA

 

ADEGOKE MOTORS LTD. V. ADESANYA

APPEAL:- Raising fresh point - Attitude of Supreme Court.

APPEAL:- What is an appeal.

ADEGOKE V ADIBI

APPEAL:- Appellate Court setting aside judgment of an inferior court suo motu when there is no ground of appeal on it- Whether proper-Failure of trial court to evaluate evidence - Duty of appellate court thereof.

ADEGOROYE  VS. ALLIANCE FOR DEMOCRACY

APPEAL:– Grounds of appeal – where a ground of appeal complains of a misdirection and also an error at the same time – competence of – order 3 rule 2 of the Court of Appeal Rules 2002 considered thereunder.

ADEHI  V ATEGA

APPEAL:- Brief writing - Purpose and functions of brief of argument - Where brief fails to satisfy rules of brief writing - How such brief treated.

APPEAL:- Supreme Court -Where briefs filed but party absent at the hearing - How such appeal treated - Order 6 rule 8(6) of the Supreme Court Rules, 1985 considered.

ADEKEYE AND ORS. V. AKIN-OLUGBADE

APPEAL:- S.16 Court of Appeal Act - Nature of

ADEKOYA V FEDERAL HOUSING  AUTHORITY (CA

 

ADEKUNLE  V UNIVERSITY OF PORT HARCOURT(CA

APPEAL - JURISDICTION:- When issue of jurisdiction can be raised

ADELAJA  V ALADE(2)

APPEAL:- Amendment - Notice of Appeal -Amendment of- Applicant seeking an order deeming amended notice of appeal as properly filed and served - Duty on him in respect thereof.

APPEAL:- Amendment of pleadings on appeal -Guiding principles.

ADELAJA V SALO

APPEAL:- Findings of fact not made by trial judge - Duty of appellate court.

ADELE  v. STATE

APPEAL:- Evaluation of evidence and findings of fact by trial court -Attitude of appellate court thereto - When it will interfere.

ADELEKAN  V ECU-LINE NV

APPEAL:- Party who desires to appeal to the Supreme Court - What he must do.

APPEAL:- Appellant who wishes to appeal out of time - Duty of. APPEAL - Enlargement of time to appeal - Power of Supreme Court to enlarge time and how exercised.

APPEAL:- Grounds of appeal -Need for ground of appeal to challenge the validity of the decision appealed against.

APPEAL:- How an appeal is initiated.

APPEAL:- Issues - Formulation of issues outside the grounds of appeal - Consequence of.

APPEAL:- Issues for determination - Consequence of formulating issues outside the grounds of appeal.

APPEAL:- Issues for determination -Need to arise from grounds of appeal.

ADELEKE  V ASANI

APPEAL:– Notice of appeal or ground of appeal – when the Court of Appeal will strike out same under order 3 rule 2(2) and (7) of the Court of Appeal Rules.

APPEAL:– Ground of appeal – appellant alleging misdirection or error in law therein – duty of appellant to set out clearly the alleged wrongs committed by the court against whose judgment he is appealing.

ADELEKE V COLE

APPEAL:- Appeals in Civil Cases – Appeals out of time - Enlargement of time – Waiver thereof-

ADELEKE V.  ASERIFA

APPEALS:- Raising new points on appeal – Attitude of court

ADELOWO V AKINGBALA

APPEAL:- Appeals (Civil) Duty of Court of Appeal with respect to findings of fact Ascription of probative values Action for damages for trespass Injunction.

ADELUSOLA  V AKINDE

APPEAL:- Grounds of appeal - Omnibus ground of appeal in civil appeals - Omnibus ground of appeal in criminal appeals - How each couched.

APPEAL:- Issues for determination - Formulation of - Rules governing - Need to relate to grounds of appeal-Where not so related - Effect on arguments based thereon.

ADEMOLA V PROBATE REGISTRAR

 

ADENE AND ORS. V DANTUNBU

APPEALS:- object - includes all matters on which judgment of lower court is based.

APPEALS:- preliminary objection - objection in appellate court to a notice filed in lower court and adjudicated upon therein - too late to raise the objection.

ADENIGBA AFOLAYAN  V JOSHUA OGUNRINDE

APPEAL:- Concurrent findings of fact -Attitude of Supreme Court - Parties to as action -Joinder of parties - Declaratory reliefs - When granted

ADENIJI  Vs. OLUWOLE

APPEAL:– Brief writing – issues for determination – need to be specifically related to grounds of appeal – failure of – whether would warrant dismissal of appeal.

APPEAL:- Brief writing – issues for determination – need to be specifically related to grounds of appeal – failure of – whether would warrant dismissal of appeal.

ADENIRAN  V ALAO

APPEAL:- Issue for determination - When may be considered as misconceived-Where considered misconceived-How treated.

APPEAL:- Raising issue suo motu - Principles guiding - Court raising issue suo ntotu - Duty thereon to hear the parties thereon.

ADENIYI V ADAMA

 

ADENLE THE ATAOJA OF OSHOGBO V OYEGBADE

 

ADEOSUN V. BABALOLA AND ANOTHER

APPEAL:- Appellate court calling counsel for respondent to show cause why appeal should not he allowed - Effect of - Court non-suiting appellants without hearing arguments - Propriety.

ADEOYE AJIDAHUM V. MGBAKOR

APPEAL:- Appeal on damages - Duty of appellant.

APPEAL- Appeal on damages - Interference with award of damages by lower Court- Principles applicable.

ADEPATE V. BABATUNDE AND ANOR.

APPEAL:- Issues for Determination – Failure to profer any argument in brief of argument on any particular issue – Whether such an unargued issue is deemed abandoned

ADEPONLE V AJALEBE

APPEAL

ADESANOYE V. ADESANOYE

APPEAL:- Matrimonial causes – Interlocutory matters – Why order for maintenance and custody is treated as interlocutory  - When leave to appeal is required

ADESANYA V  OTUEWU

APPEAL:– Brief of argument -Argument on issue not raised in brief-Need for party seeking to proffer on same to obtain leave - Order 5 rule 5 Supreme Court Rules 1985 considered.

ADESANYA V. HOEGH AND CO. AS

 

ADESINA  v. KOLA

APPEAL:- Appeal from decision of Lands Tribunal created under Public Lands Acquisition (Miscellaneous Provisions), Act 1976 - Where lies- Whether High Court of a State or Court of Appeal.

ADESOKAN  V ADETUNJI

APPEAL:- Decision of High Court on a point -Where not appealed against to Court of Appeal - Whether can be raised in the Supreme Court.

APPEAL:- Fresh issue or evidence on appeal - How raised - Conditions applicant must fulfil.

ADETOKUNBO  OGUNTOLU V. THE STATE

APPEAL:- Findings of fact by trial court - Attitude of appellate court thereto.

ADETOLA V THE QUEEN

 

ADETORO V ADEGBITE

 

ADETOUN OLADEJI (NIG) LTD V NIGERIAN BREWERIES PLC.

APPEALS:- Appellate court -Function of- How exercised - Whether can try disputes.

ADETUTU V. ADEROHUNMU

APPEAL:- Concurrent findings of fact of two lower courts – Attitude of Supreme Court to invitation to interfere therewith

ADEWUNMI V. PLASTEX (NIG) LTD

APPEAL:- Omnibus ground of appeal – Competence – How treated

ADEWUNMI AND OTHERS V OSIBANJO AND OTHERS

APPEALS:- Appeal by ‘parties interested” (non-direct parties) - Section 222(a), 1979 Constitution -leave to appeal -Appeals out of time - Extension of time within which to appeal - What the Court must consider in granting extension - Requirement of “good and substantial reasons” and ‘grounds of appeal showing good cause” -Exclusivity or otherwise - “and” in 0.3r. 2(4), whether conjunctive or disjunctive - Representative actions - Going beyond authority by representative defendants - Effect on the represented.

ADEYE  V ADESANYA

APPEAL:- Evaluation of evidence by trial court - Attitude of appellate court thereto.

APPEAL:- Findings of fact - Concurrent findings of fact - Attitude of the Supreme Court thereto.

ADEYEFA V OGINNI

APPEAL:- Concurrent findings of fact - When Supreme Court will interfere therewith.

ADEYEMI  V STATE

 

ADEYEMI V AWOBOKUN

APPEALS:- Appeal as a creations of statute and not of common law – section 31(2)(a) of the Federal Supreme Court Act – Appeal against interlocutory decision of court as distinct from final decision of same – Implications for time within which an appeal may be brought or entertained by court - Motion for leave to appeal against order for cost -  whether interlocutory or final

ADEYEMI V FAPAMISI

APPEALS: Adjournment - Exercise of Court’s discretion - Non receipt of record of appeal - Appeal adjourned for 4 hours to enable counsel study record loaned him by court but counsel still unable to argue appeal at reconvened sitting - Appellant estopped by previous judgment - Further adjournment refused and appeal dismissed on merit - Court’s discretion to refuse adjournment rightly exercised - Further appeal only against that refusal and not on merit and dismissed by Supreme Court.

ADEYEMI v. OLAKUNRI

APPEAL - Finding of trial court - Where there is no appeal against same - Power of Court of Appeal to deal with - Whether extant.

ADEYEMO V. AROKOPO

APPEALS:- Evaluation of evidence by lower court - Findings of fact on evidence on record - Distinction - Proper order - Guiding principles.

ADEYEYE AND ANOTHER. V. THE STATE

APPEALS:- Principles to guide Court of Appeal in deciding to interfere with sentence passed by lower court.

ADEYEYE V ADEWOYIN AND OTHERS

 

ADIATU LADUNNI V. KUKOYI

 

ADIGUN  v. AYINDE

APPEAL:- Brief writing - Issues for determination - Need to arise from and relate to grounds of appeal.

ADIGUN AND OTHERS V. A-G. OYO STATE

APPEALS:- Supreme Court - Whether appeal lies from judgment of

ADIKE  Vs. OBIARERI

APPEAL:– Brief writing – inelegant and faulty brief – status of.

APPEAL:– Issue – what constitutes issue on appeal.

APPEAL:– Issues for determination – need to avoid proliferation of same.

APPEAL:– Damages – principles governing when an appeal court would interfere with the award of damages by trial court.

ADIMORA V. AJUFO

APPEALS:- When an appellate court may interfere with concurrent findings of two lower courts - Effect of perverse findings by trial court - Limitation of actions - Factors to be taken into consideration.

ADIO AND ANOR. V THE STATE

APPEAL:- Criminal appeal - Compliance with Section 31(2)(b) of the Supreme Court Act - Whether Notice of Appeal given to Prison Authorities within 30 days but filed in Court outside 30 days complies with the Section.

APPEAL:- Distinction between leave to argue additional grounds and leave to argue grounds not raised in the Court below.

APPEAL:- Grounds of appeal - Complaint against trial Court- Unacceptable in Supreme Court.

APPEAL:- Grounds of appeal - Complaint against weight of evidence - Inapplicable to criminal trial.

ADJARHO V AGHOGHORVWIA

 

ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD

APPEAL - ISSUES FOR DETERMINATION:- Attitude of the appellate court to poorly drafted issues for determination

ADO IBRAHIM AND COMPANY LTD V BENDEL CEMENT COMPANY LTD

APPEALS - CIVIL CASE.- Test of value of subject matter in a cause -Res judicata -Appellant’s interest in it – How determined

ADOLLO V DEYEMI

APPEAL:- Appeal from Magistrate’s Court – How treated

ADOMBA AND OTHERS V. ODIESE AND OTHERS

APPEAL - FINDINGS OF FACT:- Rule that findings on primary facts are matters within province of trial court- Presumption of correctness of decision– When appellate court can interfere with such finding

AFISI V  LAWAL

APPEAL:- Oral submission on appeal - Scope of- Issue not raised in brief - Oral argument based thereon - How treated.

AFONJA V AIYELAGBE

APPEAL: Technicalities and justice administration - Appeal from Native Court - Duty of appellate Court to ascertain the substance of what was in issue instead of technicalities.

AFRIBANK  NIG. PLC. V. SYLVESTER ONYIMA

APPEAL:- Brief writing - Issues for determination - Grounds of appeal related thereto - Need for identification thereof

APPEAL:- issues for determination - Formulation of more than one issue from a ground of appeal - Propriety of

APPEAL:- Issues for determination - Formulation of - Need to relate and arise from main grounds of appeal and not particulars thereof-Where they do not so arise - Effect.

AFRICAN  CONTINENTAL BANK LTD. V. IHEKWOABA

APPEAL:- Appellate court - Power of to hear appeals - What it is limited thereto.

AFRICAN CONT. BANK LTD. V J O.E. AGBANYIM

 

AFRICAN CONTINENTAL BANK  LIMITED V NNAMANI

APPEAL:- Stay of Execution - Instalmental payments ‑ Applicable principles

AFRICAN CONTINENTAL BANK  LTD VS. NWADIOGBU

 

AFRICAN CONTINENTAL BANK  LTD. V ELOSIUBA

APPEAL:- Appeal against interlocutory decision - When valid.

APPEAL:- Grounds of appeal - Ground based on law -Whether leave of court necessary - Section 220(1) (a) 1979 Constitution.

APPEAL:- Ground of appeal - Whether ground of law or fact or mixed law and fact - Test for determining.

APPEAL:- Extension of time to appeal - Change of counsel - Whether sufficient ground for application for extension of time to be granted.

AFRICAN CONTINENTAL BANK LIMITED  v B. B. APUGO

APPEAL:– Hearing of arguments by the Supreme Court – absence of– Order 6, Rules 8 (6) of the Rules of the Supreme Court 1985 as amended considered.

AFRICAN CONTINENTAL BANK LTD . v ADEBESIN

APPEAL:- Appealable decision - Meaning of within S.277(l) 1979 Constitution.

APPEAL:- Leave to appeal - Appeal from High Court to Court of Appeal - Interlocutory appeal on point of law - Whether leave required - Section 220(1) (b) of the 1979 Constitution considered.

AFRICAN CONTINENTAL BANK LTD AND ANOTHER v. AWOGBORO AND ANOTHER

APPEAL:- Interlocutory appeal - Need to avoid where unnecessary.

AFRICAN CONTINENTAL BANK PLC v. LOSADA NIGERIA LTD. & ANOR

APPEAL:- Brief writing - Issue far determination - Failure to advance argument in brief in support of issue formulated - Effect - How such ground and issue treated.

APPEAL:- Findings of fact-Concurrent findings of fact of lower courts -Attitude of Supreme Court thereto.

AFRICAN RE-INSURANCE CORP. V. FANTAYE

 

AFRICAN REINSURANCE CORPORATION V  JDP CONSTRUCTION NIGERIA LIMITED

 

AFRO CONTINENTAL NIGERIA  LIMITED V AYANTUYI

APPEAL:- Grant of injunction - Failure of trial court to extract undertaking as to damages - Course open to Court of Appeal - Whether to discharge the order of injunction or to extract the necessary undertaking.

APPEAL:- Grant of injunction - Failure of trial court to extract undertaking as to damages - Whether Court of Appeal can so extract - Decision in Kotoye v. C. B. N. - Whether given per in­curiam.

APPEAL:- Power of Supreme Court under section 22, Supreme Court Act, 1960 - Extent of.

AFROTEC TECHNICAL SERVICES [NIG] LTD  v MIA AND SONS LIMITED

APPEAL:– Ground of Appeal – Formulating two issues from a ground of appeal – attitude of appellate court thereto.

AFUWAPE V SHODIPE

APPEAL:- Orders for purpose of appeal - Final and interlocutory - How determined.

A-G, OYO STATE V FAIRLAKES HOTEL LIMITED

APPEAL:- Civil Procedure - Appeals - Application for leave to raise new points not raised below - Motion on Notice pursuant to Order 6 c5(1), Supreme Court Rules, 1985 - Objection in limine by opposing party-Powers of Supreme Court to entertain new points not raised below -Section 22, Supreme Court Act, 1960.

AGBABIAKA  V SAIBU

APPEAL:- Evaluation of evidence by trial court - Attitude of appellate court thereto.

APPEAL:- Findings of fact - Concurrent findings of fact -Attitude of the Supreme Court thereto - When it will interfere therewith.

APPEAL:- Findings of fact by trial court-Attitude of appellate court thereto - When it will interfere.

AGBAI v  OKOGBUE

APPEALS:- Arguments in support - Need to be based on issues for determination.

AGBAISI  V EBIKOREFE

APPEAL:- Brief writing - Issues for determination - Formulation of’- How done.

APPEAL:- Finding of fact by the trial court -Treatment of and attitude of appellate court thereto.

APPEAL:- Issues for determination - Proliferation of - Propriety of

APPEAL:- Issues for determination - Purpose of.

AGBAJE  V ADIGUN

APPEALS:- Admission of inadmissible evidence by trial court - Effect on appeal

APPEALS:- Appeal requiring leave of court - Effect where leave not sought and obtained

AGBAJE  V C.O.P

 

AGBAJE & ORS.  V. ADELEKAN & ORS.

APPEAL – APPLICATION FOR STAY OF COURT ORDER:– Application for stay of execution of Court order – As a matter of discretion of court – Need for court to exercise its discretion judicially and judiciously – Relevant considerations

APPEAL – APPLICATION FOR STAY OF COURT ORDER:– Where ground for application discloses a point of law – Whether court duty bound to grant same

APPEAL – APPLICATION FOR STAY OF COURT ORDER:- Where ground for application is based on an issue of jurisdiction and a constitutional point – Duty of court thereto

APPEAL – APPLICATION FOR STAY OF EXECUTION:- Where a very important point of law on jurisdiction has arisen and the point appears to be recondite – Duty of court thereto

APPEAL- SUPREME COURT - APPLICATION FOR STAY:- Appeal of a refusal by lower court to grant an application for stay of an interim order of High Court – Whether Supreme Court can go into the merit of the grounds of appeal before it arising from same – How treated

AGBAJE V AGBOLUAJE

 

AGBAKA  V AMADI

APPEAL:- Brief of argument - Failure of party to file - Effect- Whether can be heard ill oral argument.

APPEAL:- Grounds of appeal - Incompetent ground of appeal - How treated - Power r of appeal court in respect thereof- How exercisable.

APPEAL:- Issues for determination - Haw formulated - Where ground of appeal incompetent - Effect on issue formulated therefrom.

AGBANA  v. OWA

 

AGBETOBA V  FAFUNWA

APPEALS:- Arguing grounds of appeal as opposed to issues for determination - Propriety of - Concurrent findings of lower courts attitude of appellate court thereto - Settlement of record of appeal - Need to involve counsel.

AGBI  Vs. OGBEH (CA)

APPEAL:– Appeal court – leave to raise issue of jurisdiction – whether a formal application must be filed.

AGBOMEJI  V BAKARE

APPEAL:- Findings of fact – Concurrent finding of facts – Attitude of the Supreme Court thereto.

APPEAL:- Findings of fact - Inconsistent findings of trial court - Attitude of appellate court thereto - Horn treated.

AGBOOLA V ABIMBOLA

 

AGHADIUNO  Vs. OFOEDU

APPEAL:– Findings of trial court – when not challenged on appeal – duty of appellate court not to disturb same – rationale for.

APPEAL:– Ground of appeal – omnibus ground of appeal – whether specific issue can be canvassed thereunder.

APPEAL:– Ground of appeal – when same does not relate to any of the issues distilled – status of.

APPEAL:– Issue for determination – need for same to relate to grounds of appeal.

APPEAL:– Issues for determination – when not properly arisen from grounds of appeal – whether appellate court will deliberate on same.

APPEAL:– Notice of appeal – when not filed – consequence of.

AGIH V L.E. EJINKEONYE  AND BROS TRANSPORT LTD

APPEAL:‑ Brief writing ‑ Defective brief of argument ‑ Condition for acting upon ‑ Attitude of appellate court thereto.

APPEAL:‑ Brief writing ‑ Defective brief of argument ‑ Whether court may rely upon ‑ Relevant consideration.

APPEAL:‑ Brief writing ‑ Formulation of issue for determination ‑ Essence of

APPEAL:‑ Brief writing ‑ Arguments in brief ‑ Need to base on issues for determination.

APPEAL:‑ Findings of fact of trial court ‑ Attitude of appellate court thereto.

APPEAL:‑ Grounds of Appeal ‑ Basing argument thereon ‑ Propriety of.

AGINA V  AGINA

APPEAL – ISSUES FOR DETERMINATION AND GROUND OF APPEAL:- Rule that issues for determination must arise out of, and encompass, the ground(s) of appeal - Where any issue is formulated which is not encompassed by any ground(s) of appeal – Effect

AGOMA ACHAJI AND OTHERS V. COMMISSIONER OF POLICE

CRIMINAL:- appeal-interlocutory appeal-appeal from decision allowing prosecutor to address in reply-Con­stitution of Northern Nigeria, s. 52 (5).

AGOMUO V  AGIJWA

APPEAL:‑ Findings of fact ‑ Trial court substituting its views for evidence led and making findings thereon ‑ Attitude of Court of Appeal

APPEAL:‑ issues for determination ‑ Oral arguments based on grounds of appeal rather than on issues for determination ‑ Propriety.

AGONSI V WOGU

APPEAL:- Assessment of damages by appellate court- Valid when not done by the trial court.

AGU  V IKEWEBE

APPEAL - Formulation of issues – Purpose of – Need for same to be based on Grounds of Appeal - Whether an appellant can be heard on a point of law not raised in the court below - Duty of an appellate Court

APPEAL:- Formulation of issues for determination – Need for same not to be formulated as abstract legal issues without concrete reference to the facts of the particular case -

AGUOCHA v AGUOCHA

APPEAL:– Pleadings - Whether party can raise on appeal an issue not pleaded in the lower court

AGWUNEDU  V. ONWUMERE

APPEAL - Findings of fact try trial court- When appellate court will not interfere therewith.

AHMADU DAN YAMUSA V  P.O OKOLO

 

AGWUNEDU  V. ONWUMERE

 

AHMADU DAN YAMUSA V  P.O OKOLO

 

AHMADU V SALAWU

APPEAL:- Civil Appeal - Application by motion against dismissal or striking out of previous application for extension of time and leave to appeal Delay caused by counsel Subject matter of appeal substantial Duty of court not to allow procedural irregularities to preclude case from being scrutinized and determined on merits.

AHMED  V STATE

APPEAL:- Findings of fact-Appeal against - What appellant must show to succeed

APPEAL:- Findings of fact - Attitude of appellate court thereto - When it will not interfere therewith.

APPEAL:- Findings of fact - Concurrent findings of fact - Attitude of the Supreme Court thereto - When it will not interfere with.

AHMED ALI KAHTAN V. MUZAKH ENGINEERING CO. LTD

APPEAL - GROUNDS OF APPEAL:- Rule that parties are bound by their grounds of appeal – Where original grounds of appeal are deemed incompetent – Whether can sustain additional grounds of appeal – Effect

APPEAL:- Raising of new issues for determination - Need to first obtain the leave of court - Whether an appellant will be allowed to raise on appeal a question which was not raised, tried and considered in the trial court

AIGHOBAHI V AIFUWA

 

AINA ARUPE OBAWOLE AND ORS V ADEKUNLE AGANGA OBAWOLE AND ORS

APPEAL:- Concurrent findings of facts by lower courts - Attitude of the Supreme Court thereto.

AINA V IKUSEDUN

 

AINSBURY V.  MILLINGTON

APPEAL:- Pending appeal - No live issue - Publicly funded litigation - Event occurring which disposes of issue between parties - Duty of counsel and solicitors - Duty to ensure appeal is withdrawn or to seek directions.

AIR VIA LIMITED  V. ORIENTAL AIRLINES LIMITED

APPEAL:- Issues for determination - Formulation of by respondent - Rules governing.

AIROE CONSTRUCTION & CIVIL ENGINEERING CO. LTD. V THE UNIVERSITY OF BENIN

 

AISHATU  ALIYU VS EMMANUEL ADEREMI ADEWUYI AND OTHERS

APPEAL:- Interested third person not party to an existing judgment - Leave to appeal as a party interested – When can be granted

AIYETORO COMMUNITY TRADING COMPANY LTD. & ANOR v. NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LTD.

APPEAL - INTERFERENCE WITH THE EXERCISE OF DISCRETION:- Circumstance under which an appellate court can interfere in the findings of a trial court

AJA  V. OKORO

APPEAL:- Grounds of appeal - Where of mixed Law and fact -Leave of court to be obtained. Arguments - On what based - Whether on grounds of appeal or issues formulated - Issues for determination -Formation of-Determination of matters not in issue-Effect Of

AJADA V OLAREWAJU

 

AJAKAIYE  V IDEHAI

APPEAL:– Findings of fact by trial court - Attitude of appellate court thereto - When it will interfere therewith.

AJAOKUTA STEEL COMPANY LIMITED  V. CORPORATE IDEAL INSURERS LIMITED

APPEAL:– Section 25(4) of Court of Appeal Act, order 3 rules 3(2) (4) and (5) of the Court of Appeal Rules – purport of the combined effect of the provisions.

APPEAL:– Stay of proceedings – relevance of the merits of a substantive appeal to same.

APPEAL:– Stay of proceedings – what applicant must show to succeed.

AJAYI  V OMOROGBE

APPEAL:- Brief writing -Appellant’s brief-Time within which to file -When time begins to run - Whether from date of notification of readiness of record or from date of collection of record

APPEAL:- Dismissal of appeal for want of prosecution - Principles guiding the court.

APPEAL:- Grounds of appeal - Classification of - Guiding principles.

APPEAL:- Grounds of appeal –Ground of law, ground of fact, ground of mixed law and facts - How ground of appeal determined as such.

APPEAL:- Leave to appeal - Appeal from Court of Appeal to the Supreme Court - When leave required - When not required.

APPEAL:- Prosecution of appeal - Duty on appellant in respect thereof.

APPEAL:- Prosecution of appeal - Negligence of appellant - Effect of.

AJAYI V PABIEKUN

 

AJEIGBE v ODEDINA

APPEALS:- Concurrent findings of fact by lower court - Mien appellate court may interfere - Calling of evidence in rebuttal - Order 26 rule 22, High Court of Oyo State (Civil Procedure) Rules when applicable.

AJEIGBE V. ODEDINA AND OTHERS

APPEALS:- Concurrent findings of fact by lower court - Mien appellate court may interfere - Calling of evidence in rebuttal - Order 26 rule 22, High Court of Oyo State (Civil Procedure) Rules when applicable.

AJEJA V AJAYI

 

AJENIFUJA V SALAKOH

APPEAL:- Additional evidence during hearing of appeal -When allowed.

AJEWOLE v ADETIMO

APPEAL:- Findings of fact by lower courts - Attitude of Supreme Court thereto.

AJIA  vs. THE NIGERIAN ARMY

APPEAL:– Court of Appeal – whether has jurisdiction to entertain hypothetical or academic issues.

AJIBONA  V KOLAWOLE

APPEAL:- Grounds of appeal-Omnibus ground of appeal in civil cases-Ground that judgment is against the weight of evidence - What it postulates - Arguments that can be made thereunder.

AJIBOYE  V ISHOLA

Appeal:- Appellate Court - Attitude to findings of fact by trial Court.

AJIDAGBA V ODENEYE

APPEAL -Appeal on damages - Duty of appellant.

APPEAL - Appeal on damages - Interference with award of damages by lower Court- Principles applicable.

AJIDE V. KELANI

APPEAL:- To Supreme Court - Preliminary objection to hearing of appeal - Promotion of legislative object - Requirement under Supreme Court Rules 1985 for 3-day-notice - Applicability to hearing of appeal in its entirety as well as in part only - Validity of notice set out in respondent’s brief.

AJIFERUKE V AKERELE

APPEAL:- Findings of trial court - Attitude of Supreme Court.

AJIKE V. MOLADUN

APPEAL:- Appeals from Customary Courts - Evidence not recorded till another day, but no miscarriage of justice - Defect not fatal to proceedings

AJOMALE  V. YADUAT

APPEALS:- Appellate jurisdiction -Exercise of -Whether Supreme Court can hear matters emanating from High Courts.

AJOSE V AGUSTO

APPEAL

AJUWA V ODILI

APPEAL:- Finding of fact - Competence of appeal court to interfere - Title limits.

AKAIGHE V IDAMA

APPEALS: Appeals to High Court from Customary Courts Appellate Court ordering a rehearing must send case to a court competent to hear it in original jurisdiction.

AKALEZI  V THE STATE

APPEALS:- Concurrent findings of fact of lower courts - When can be disturbed on appeal.

AKANBI  vs. SALAWU

APPEAL:– Ground of appeal complaining of misdirection in law and on the facts – Whether competent.

AKANBI V FABUNMI

 

AKANDE V ADEDAMOLA

APPEAL: Interlocutory decision of Election Tribunal- Whether appeal lies therefrom

APPEAL:- Right of appeal - How conferred or granted – whether it can be inferred by implication.#

APPEAL: Right of appeal from final decision of High Court - Section 147(2) (d), Nigeria (Constitution) Orders in Council, 1954 -1959 - Appeal with leave - Section 147(3), Nigeria (Constitution) Orders in Coun­cil – When arises

AKANDE V. GEN. ELECT. CO. AND OTHERS

APPEAL – C0URT:- Appellate powers of the Federal Court of Appeal – Constitutional basis – Exercise of same over appeal arising from State High Court

AKANNI AND OTHERS V. MAKANJU AND OTHERS

 

AKANO V ASUNKE

 

AKEJU V SHONIBARE

 

AKEREDOLU V. AKINREMI

APPEALS:- Civil Procedure - Appeals - Notice of Appeal - Time for filing under S.31 (2)(a) of the Supreme Court Act 1960 - Compilation - Date of delivery of judgment to be extended - Interpretation of Statutes (Principles) - Computation of time to benefit of person affected - Period stipulated in S.31(2)(a) of Supreme Court Act 1960 for filing appeals – Whether excludes day on which judgment delivered.

AKERELE V ALAPATA

APPEALS: Upper area court to High Court- High Court to Supreme Court

AKHIWU v. THE PRINCIPAL LOTTERIES OFFICER MID-WESTERN STATE AND ANOTHER

APPEALS:- Procedure at trial court -Objection on appeal by party who consented to its adoption - Whether not allowed.

AKIBU AND ORS. V AZEEZ AND ANOR.

APPEAL

AKIBU HASSAN  Vs. THE STATE

APPEALS:– Dismissal of appeal – When on ground of default of appearance – Power of court to re-open the appeal for hearing – Ogbu v. Urum considered.

AKILU  V FAWEHINMI

APPEAL

AKINBOBOLA  v. PLISSON FISKO

APPEAL:- Appellate court - Trial court lacking jurisdiction over a subject matter -Whether an appellate court has jurisdiction to make consequential order on the subject-matter.

APPEAL:- Costs - Right of successful appellant thereto.

APPEAL:- Grounds of appeal - Bindingness of on appellant and the court.

AKINBOBOLA V  THE STATE

APPEAL:- Issues for determination - Respondent not cross-appealing - Whether competent to formulate issues outside appellant’s grounds of appeal.

APPEAL:- Issues .for determination - Respondent’s right to formulate issues - Scope of.

AKINDELE V YEOSA

 

AKINDURO V ALAYA(SC)

APPEAL

AKINLASO V ONIMAGO

APPEALS:- Grounds of appeal- Where unsupported by evidence at trial - Effect.

AKINOLA OLATUNBOSUN V. THE STATE

APPEAL:- Findings of fact - when appellate court will interfere - whether an appeal court judge should quash a conviction on a mere technicality which had caused no prejudice - duty of appellate court when no substantial miscarriage of justice has actually occurred

AKINSETE V AKINDUTIRE

APPEAL:- Appeal by a judgment creditor – How treated

AKINTOMIDE V COP

 

AKINWALE  V AMODU

APPEAL:- Fresh evidence on appeal -Affidavit in support of application therefor -Affidavit meant to be used as the additional evidence on appeal -Whether proper.

APPEAL:- Fresh evidence on appeal - Document not pleaded at trial court - Whether can be received as fresh evidence on appeal.

APPEAL:- Fresh evidence on appeal - When appellate court will allow adduction of - Relevant considerations.

AKINYEDE AND OTHERS V. OPERE AND OTHERS

 

AKINYEDE AND OTHERS. V. OPERE AND OTHERS

 

AKINYEMI v. AKINYEMI

APPEAL:- Findings of fact - When it will be disturbed – Admission of adultery made while drunk – Weight to be added to same – Whether a matter of discretion

AKIWIWU MOTORS LTD & ANOR V. DR BABATUNDE SANGONUGA

APPEAL - LEAVE OF COURT:- Whether an appellant needs to obtain leave of court where the grounds of appeal are of facts or mixed law and facts?

AKOGUN  v ASADE

APPEAL:– Injunction pending appeal – essence of.

APPEAL:– Injunction pending appeal – whether will be granted merely because there are substantive grounds of appeal.

APPEAL:– Order 3 rule 3(3) of Court of Appeal Rules 1981 – purport of – effect of not requesting for extension of time where an application is brought after 15 days stipulated thereunder.

AKPABIO  V THE STATE

APPEAL:-Admissibility-Wrongful rejection of admissible evidence by trial court - Effect on appeal -When fatal - When not fatal - Section 226. Evidence Act construed.

APPEAL:- Error in judgment – When appealed against - Whether every error will lead to appeal being allowed -Relevant considerations.

APPEAL:- Findings of fact - Concurrent findings of High Court and Court of Appeal - Attitude of the Supreme Court to invitation to interfere terewith

APPEAL:- Fresh point on appeal - Raising of - Propriety of.

AKPAN  V UDO UTIN

APPEAL:- Where appeal revolves entirely on issues of fact-Duty of appellate court in respect thereof.

APPEAL:- Customary courts or tribunals - Proceedings therein - Attitude of appellate court thereto.

APPEAL:– Findings of fact by trial court -Attitude of appellate court thereto-When it will interfere therewith - When it will not - Relevant governing considerations.

AKPAN BEN AKPAN  v. THE STATE

APPEAL:- Issues for determination- Formulation of- Rules governing.

AKPAN V STATE

APPEAL:- Argument on issue not covered by grounds of appeal - How treated.

APPEAL:- Brief argument - Defective brief - Attitude of appellate court thereto Whether it can amend it.

APPEAL:- Brief of argument - Purpose of

APPEAL:- Brief of argument-Respondent’s brief of argument-Weakness or defect therein - Whether the appellant can rely on same

APPEAL:- Concurrent findings of lower courts - Attitude of the Supreme Court to invitation to interfere therewith.

APPEAL - Confessional statement -Challenge of on appeal - Whether possible.APPEAL - Issue for determination and ground of appeal - Distinction between.

AKPAN v. QUEEN

 

AKPASUBI V. UMWENI

APPEAL:– Questions of Court – Duty of appellant to obtain leave of court – Effect of failure thereof

AKPOBASA V THE STATE

 

AKPODIKE v  NWABUEZE

APPEAL:– Errors involving questions of law – nature of complaints that constitutes same.

APPEAL: - Party putting forward on appeal a case different from that canvassed in the trial court – whether proper.

AKU  V ANEKU

APPEAL:- Ground of Appeal - Omnibus ground in civil appeals - How framed.

 

AKUBUZE V NWAKUCHE

APPEAL:- Non-suit - When ordered.

AKULEGA VS. BENUE STATE  CIVIL SERVICE COMMISSION

APPEAL:– Notice of appeal – where contains incompetent grounds of appeal – when notice of appeal may be struck out.

AKUMOJU V. AKANO MOSADOLORUN

APPEAL:- Brief-writing -Arguments in written brief or orally on document not forming part of the record of appeal - Impropriety of - How treated.

AKUNYILI  v. EJIDIKE

APPEAL:– Brief-writing - Issue for determination - Issue formulated before Supreme Court - Issue complaining against decision of High Court and the Court of Appeal - Propriety of.

APPEAL:- Brief writing-Issues for determination -Issue not related to the grounds of appeal - Whether competent.

APPEAL:- Evaluation of evidence by trial court-Attitude of appellate court thereto.

ALABI  v. STATE

APPEAL:- Onus of, proof in criminal cases - Trial court placing same on accused - Effect - Duty on appellate court.

ALADE V. ALEMULOKE AND OTHERS

APPEAL:- Concurrent findings of lower courts - Raising new point for the first time before the Supreme Court - Effect.

ALADEGBEMI V. FASANMADE

APPEAL:- Objection as to jurisdiction - When raised - Hearing of appeal out of time - Implication of - Objection as to - What respondent must prove to succeed

ALAHASSAN & ANOR V. MR. DARIUS DICKSON ISHAKU & ORS

APPEAL - NATURE OF APPEAL:- General nature of an appeal

ALAKE v. STATE

APPEAL:- Findings of trial Court at variance with particulars of offence alleged - Conviction thereon - Whether valid - Attitude of appellate court.

ALAKIJA  V ABDULAI

APPEAL:- Appeal from judgment of High Court - Whether Supreme Court has jurisdiction to entertain.

APPEAL:- Findings of a court- Where not appealed against- Effect - Bindingness of.

APPEAL:- Concurrent findings of facts of the High Court and Court of Appeal - Attitude of the Supreme Court thereto to invitation to interfere therewith – Relevant considerations

ALAMIEYESEIGHA  V CHIEF SATURDAY TEIWA

APPEAL:- Issues for determination - Need to arise from grounds of appeal - Issue not arising from ground of appeal - How treated.

ALAO V ISSA AKANO

APPEAL:- Success of an appeal – whether depends on the number of grounds of appeal filed or on the prolixity of the issues formulated and submitted for the determination of an appeal – whether it is only the substance not the number that matter – duty of an intermediate appellate court to determine all the issues canvassed by the parties before it.

ALASHE V ILU

APPEAL:- Civil Appeals - Inadmissible evidence received at trial without objection – Whether appeal court must reject it and decide based on legal evidence