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APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 3

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POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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TITLE MAIN ISSUES
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– Event occurring which disposes of issue between parties – Duty of counsel and solicitors – Duty to ensure appeal is withdrawn or to seek directions.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
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
ALATEDE V FALODE APPEAL:- Domestic issues within the province of trial court- Attitude of the appellate court.
ALATISHE V SANYAOLU
ALBERT AFEGBAI V.  ATTORNEY-GENERAL EDO STATE APPEAL:– Leave to appeal – whether required to appeal from consent judgment under section 241(2)(c) of 1999 Constitution.
ALBERT V THE QUEEN APPEAL:- Attempted murder – What must be proved.
ALESE V SAROMI APPEAL:- Value of subject matter for purpose of appeal – S. 48(2) (b) Customary Courts’ Law – How determined.
ALFA KAMORU SALAWU V. MRS. Z. S. ADEBANKE & ANOR APPEAL – ISSUES FOR DETERMINATION:- Practice of having lesser number of issues than the grounds of appeal – justification – whether the purpose of issues for determination is to enable the parties narrow the issues in the grounds of appeal filed in the interest of accuracy, clarity and brevity – whether Appellate Courts would merge any repeated issues for determination into a single issue where they relate to the same ground of appeal
ALFA MURITALA AMOO vs. WAHABI ADERIBIGBE APPEAL:- Grounds of appeal- Ground alleging error in law- Failure to set out particulars of error- Whether renders ground incompetent.
ALH. BADAMASI KABIR & ANOR v. ACTION CONGRESS (AC) & ORS APPEAL – CROSS-APPEAL/RESPONDENT’S NOTICE:- Effect of a Respondent’s failure to file a cross appeal or a Respondent’s Notice
ALH. MOHAMMED MOHAMMED V. MARTINS ELECTRONICS COMPANY LTD APPEAL – “AN APPEAL”:- Meaning of “An Appeal”
ALHAJA R. O. SANNI V. ALHAJI I. S. LATEJU & ORS

APPEAL:- Application for extension of time – Documents to be exhibited by applicant before Court can exercise its discretion

APPEAL:- Cross-appeal – Whether a Cross-Appeal strictly depends upon an appeal having been filed – Circumstances under which a Respondent must Cross-appeal – How Respondent should commence cross-appeal –

APPEAL:- Ground of Appeal – Classification of – Distinctions – Question of fact in a ground of law – Meanings of – Guidelines for the determination of the distinction of grounds under Grounds of facts, mixed law and facts and/or Ground of law – Principles guiding the court in determining whether a ground of appeal is one of law or of fact or mixed law and fact

APPEAL:-Leave to appeal after expiration of statutory period – Prayers an intending appellant seeking leave of court on any ground of appeal after the expiration of the statutory periods prescribed must seek – Effect of failure or neglect thereto  – When absolute or unqualified right to appeal inures to a party seeking to appeal

ALHAJA SILIFATU OMOTAYO v. CO-OPERATIVE SUPPLY ASSOCIATION APPEAL – FINDINGS OF FACT- duty of trial Judge to appraise evidence -whether it is the business of an Appellate Court to substitute its own view or views of the facts for those of the trial court
ALHAJI A. ALFA ADEHI v. ATULUKU ATEGA & ORS

APPEAL – BRIEF OF ARGUMENT:- Effect of incompetent brief of argument

APPEAL – BRIEF OF ARGUMENT:- Content of Brief of Argument

ALHAJI ABDULKADIR DAN MAINAGGE V. ALHAJI ABDULKADIR SHAKU GWAMNA APPEAL:- Appellate Court – When will interfere with evaluation of evidence by trial Court.

APPEAL:- Concurrent findings of fact by lower courts – What Appellant must show before Supreme Court will interfere.

ALHAJI ABDULLAHI ATANDA KOLAWOLE V. ALHAJI SALAMI ADISA OLORI APPEAL – ARGUMENT IN A BRIEF:- Basis of argument contained in a brief
ALHAJI ABUBAKAR MOHAMMED GWARZO v. ALHAJI AMEEN SULEIMAN MOHAMMED & ANOR APPEAL – DEPARTURE FROM PREVIOUS DECISIONS:- Condition for departure from previous Supreme Court decision.
ALHAJI ADO IBRAHIM & CO. LTD. & ANOR V. ELDESTEIN (NIG.) LIMITED

APPEAL:- Award of damages by trial court – Attitude of appellate court thereto – When it will interfere therewith

APPEAL:- Ground of appeal – What it should contain.

APPEAL:- Order of court – Where based on clear and unambiguous relief – Effect of – Whether appellate court can interfere therewith.

ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS v. MRS. CHRISTIANA IYABO ADETUTU APPEAL:- Need for issues formulated in a brief of argument to be distilled from specific grounds of a notice of appeal, otherwise they should be deemed at large, and liable to be discountenanced – Attitude of court to drafting skills

 

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