PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 4
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| ALHAJI BABALE V. ALHAJI HASSAN IBRAHIM | APPEAL:- Grounds of appeal – Not on notice – Whether proper
APPEAL:- Mode of filing Notice of Appeal in the Supreme Court. APPEAL:- Notice of appeal sent by post – Propriety of |
| ALHAJI BUBA USMAN v MOHAMMED TAMINU GARKE |
APPEAL:- Evaluation of evidence – Duty on trial court with respect thereto – Need to consider case of both parties before reaching its decision – Whether same rule extends to appellate court – Rule in Mogaji v. Odofin – Application of APPEAL:- Findings of fact – Exclusive powers of trial court with respect thereto – Attitude of appellate court thereto – Finding of fact not appealed against – How treated. APPEAL:- Findings of fact – Concurrent Finding of fact by High and Court of Appeal – Attitude of the Supreme court to invitation to interfere therewith. APPEAL:- Hearing of appeal- When appeal will be heard on only appellant s brief |
| ALHAJI BURAIMO OLAGBAJU & ANOR. V. FATAI ABASS | APPEAL – COUNTER-CLAIM:- Nature of a counter-claim |
| ALHAJI CHIEF PA. SULE JUBRIL & ORS V. AG OF EDO STATE | APPEAL- ISSUES FOR DETERMINATION/GROUND OF APPEAL:– How distilled – Need for same to flow from grounds of appeal based on the judgment appealed against |
| ALHAJI GANIYU OLAYIWOLA FAGBOHUN & ANOR V. MOMODU SABA IGANNA & ORS | APPEAL:- Error In Law – When deemed perverse – Judgment arising therefrom – Duty of appellate court to set same aside |
| ALHAJI IBRAHIM SHEKA v. ALHAJI UMARU BASHARI | APPEAL:- Issues for Determination – Whether an appeal court is bound by the records of appeal – Whether an appellant can raise a fresh issue on appeal |
| ALHAJI ISAH T. SOKWO v. JOSEPH DAKU KPONGBO & ORS | APPEAL – INTERFERENCE WITH EXERCISE OF DISCRETION:- Trial court – instance when an appellate court can interfere with exercise of discretion |
| ALHAJI ISOLA ARE OGELE V. ALHAJI BANNI GAA BUDO NUHU | APPEAL – GROUND OF APPEAL:- Whether or not an appellant can be allowed to file and argue the additional ground appeal in isolation of the original grounds of appeal filed |
| ALHAJI KASHIM SHETTIMA & ANOR v. ALHAJI MOHAMMED GONI & ORS | APPEAL:- Where there is no complaint against any act or omission of a trial Court- whether the appellate jurisdiction can be invoked
APPEAL:- Issues for determination – Whether an appellant can raise new issues on appeal – Need for grounds of appeal to attack or complain about the ratio in the judgment on appeal – Effect of failure thereto |
| ALHAJI LATIFU AJUWON & ORS. V. MADAM ALIMOTU ADEOTI & ORS. | APPEAL – FINDINGS OF FACT:- Concurrent findings of fact by trial court and Court of Appeal – Attitude of Supreme Court to invitation to interfere therewith |
| ALHAJI LAWANI ATOYEBI & ANOR V. THE GOVERNOR OF OYO STATE & ORS | APPEAL:- Issues for determination: Argument on issues for determination
APPEAL:- New Point: When new point may be allowed on appeal – Attitude of Supreme Court to same APPEAL:- Filing of appeal: Nature of appeal |
| ALHAJI M.C. DAHIR V. ALHAJI BUBAKARE KAMALE |
APPEAL:– Raising fresh issue on appeal – rationale for general rule against raising fresh issue on appeal – special circumstances when a party would be allowed to raise fresh issue on appeal. APPEAL:– Raising fresh issue on appeal – Whether a party would be allowed to raise fresh issue which would introduce an entirely new case or line of defence or necessitate leading fresh evidence. |
| ALHAJI MODU KIDAGUMA V. MALLAM GANA ABOJA | APPEAL:- Ground of appeal and issues for determination – Ground of appeal from which no issue for determination is formulated – How treated |
| ALHAJI MOHAMMED MAHDI ABUBAKAR V. BEBEJI OIL AND ALLIED PRODUCTS LTD | |
| ALHAJI MOHAMMED MAINA WAZIRI v. IBRAHIM TAHIR GUMEL & ANOR | APPEAL:- Applicant seeking leave of court to appeal as an interested party – Condition precedent – Whether an appellate court will interfere with a proper exercise of discretion of a lower court |
| ALHAJI MUHAMMADU MAIGARI DINGYADI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION | APPEAL:– Notice of appeal – Meaning – Duration of compiling record of proceedings in an interlocutory appeal – Who has the responsibility to compile record of appeal- Whether respondent can compile record of appeal where the appellant fails to do so – Final appeal from an Election Tribunal relating to the election of gubernatorial candidates – How treated |
| ALHAJI MUJAHID DOKUBO-ASARI VS FEDERAL REPUBLIC OF NIGERIA | |
| ALHAJI MURIANA ADESOLA KAREEM |
APPEAL:- Order of retrial – General principles guiding same – When properly made – Relevant considerations. APPEAL:- Order of retrial – Power of Court of Appeal thereto – Basis of – Section 16 Court of Appeal Act 1976 and Order I rule 21(1) of the Court of Appeal Rules, 1981 (as amended) APPEAL:- Order of retrial – When a party is jointly or severally liable with another – Court of Appeal making order of retrial excluding such party – Propriety of. |
| ALHAJI MUSA ALUBANKUDI v. ATTORNEY-GENERAL OF THE FEDERATION & ANOR | APPEAL – BRIEF OF ARGUMENT:-Issue for determination – Where the arguments canvassed in an appeal do not arise from any issue for determination – Implication of |
| ALHAJI OSENI OLANIYAN & ORS V. CHIEF MRS. E. T. FATOKI |
APPEAL:- Findings of facts of two lower courts – When appellate court will interfere therewith APPEAL:- Perverse judgement – Meaning of – Duty of court thereto |
| ALHAJI OTARU AND SONS LIMITED V AUDU IDRIS AND OTHERS | APPEAL:- Brief of argument – Faulty, irregular or inelegant brief – Attitude of Supreme Court thereto
APPEAL:- Hearing of appeal – Absence of counsel thereat – Briefs of argument already filed – Effect – How appeal treated. APPEAL:- Issues for determination in art appeal – Couching of – Rules governing. APPEAL:- Proof – Evidence led on fact not pleaded – How treated – Where acted upon by trial court – Duty on appellate court. |
| ALHAJI RABIU NUNKU V. JOHN AYA & ANOR | APPEAL:- Failure to raise issue of limitation as a point of preliminary objection- Whether can be raised as fresh issue without leave on appeal – Findings of fact of trial court – Attitude of appellate court to invitation to interfere therewith |
| ALHAJI RAIMI EDUN V. ODAN COMMUNITY, ADO FAMILY AND OKOKOMAIKO COMMUNITY | APPEAL:- Fresh Point of Law not raised in lower court – Whether an appellate court can entertain same |
| ALHAJI RUFAI AGBAJE & ORS V MRS W.A ADELEKAN & ORS | |
| ALHAJI SAIBU YEKINI OTUN V. SINDIKU ASHIMI OTUN | APPEAL:- Concurrent findings of fact by the lower Courts – Attitude of Supreme Court thereto. |
| ALHAJI SHEHU BAKULE v. TANEREWA NIGERIA LIMITED | APPEAL – GROUNDS OF APPEAL:- Basis of grounds of appeal |
| ALHAJI SHEU ABDUL GAFAR V THE GOVERNMENT OF KWARA STATE & OTHERS | |
| ALHAJI SULAIMAN MOHAMMED & ANR V LASISI SANUSI OLAWUNMI & ORS | |
| ALHAJI SURAKATU I. AMIDA & ORS. V. TAIYE OSHOBOJA | APPEAL – FINDINGS OF FACT: Whether the court of appeal can interfere with findings of fact by the trial court |
| ALHAJI YAKEEN OWONIKOKO & ORS V. ALHAJI ALIMI AROWOSAIYE | APPEAL – JUDGMENT ON APPEAL: Whether a judgment on appeal is not final and it is liable to be set aside or nullified on appeal |
| ALIBE V. YARO | APPEAL- Findings of fact by trial court – Failure to attack a particular portion of judgment appealed against – Effect. |
| ALIDU ADAH v NATIONAL YOUTH SERVICE CORPS – CA | APPEAL – BRIEF WRITING – Notice of Appeal – where issues for determination are couched vaguely or in general terms – propriety of. |
| ALL PROGRESSIVES CONGRESS v. PEOPLES DEMOCRATIC PARTY & ORS | APPEAL:- Concurrent findings of the lower courts – Attitude of appellate court to an invitation to disturb or interfere the concurrent findings of lower courts
APPEAL – OBITER DICTA:- framing of issues – Whether obiter dicta can be the basis for raising a ground of appeal from which an issue can be framed – Validity of an appeal not framed against a ratio decidendi |
| ALLI V. ALLEN | APPEAL:- Raising fresh point on appeal not canvassed at trial court – Attitude of appellate court thereto |
| ALLIANCE FOR DEMOCRACY (AD) COMMISSION (INEC) VS. THE INDEPENDENT NATIONAL ELECTORAL | |
| ALLIED BANK OF (NIG) LTD V AKUBUEZE(CA) |
APPEAL:- Award of damages by trial court -When an appeal court will interfere therewith – Relevant considerations. APPEAL:- Decision of trial court-Where challenged on appeal -Duty on appellate court with respect thereto. |
| ALLIED BANK PLC V BRAVO W.A LTD | APPEAL:- Interlocutory appeal- Duty on appellate court in considering |
| ALLOYSIUS AKPAJI V. FRANCIS UDEMBA | APPEAL – CONCURRENT FINDINGS OF FACT:- Attitude of court to invitation to interfere therewith |
| ALLOYSIUS EGEMOLE V. OSITA OGUEKWE & ORS. | APPEAL – LEAVE OF COURT:- Whether it is necessary to obtain leave of the High Court or the Court of Appeal before a consent judgment can be appealed against |
| ALOR V. NGENE | APPEAL |
| AMADASUN AND ORS V OHENSO AND ORS | APPEAL:- From Customary Court – Jurisdiction |
| AMADI V NWOSU | APPEAL:- Concurrent findings of two lower courts -Attitude of Supreme Court thereto. |
| AMADI V. ORISAKWE AND ORS. | APPEAL:- Findings of fact – Concurrent findings of High Court and Court of Appeal- Attitude of the Supreme Court to invitation to interfere therewith – when proper |
| AMAKA V LIEUT. GOVERNOR – WESTERN REGION | |
| AMAKO V. STATE | APPEAL:- Exercise of discretion by trial court – Attitude of appellate court thereto. |
| AMALA V STATE | APPEAL:- Evaluation of evidence by trial court- Findings of fact by trial court – Attitude of appellate to invitation to interfere with same |
| AMALGAMATED PRESS OF NIGERIA LTD V. HAASTRUP | APPEAL:- From Magistrate’s Court – Jurisdiction |
| AMALGAMATED PRESS V. ALLEN | APPEAL:- Damages for libel – Award of – Attitude of Appellate Court to invitation to review quantum of award – relevant considerations |
| AMALGAMATED PRESS V OKOTIE-EBOH | APPEAL:- Damages – Award of – When appellate court will interfere. |
| AMANKRA V ZANKLEY | APPEAL:- Damages – Appellant not contesting amount of damages at the lower court – Effect on appeal. |
| AMASA V KOSOSI | APPEALS:- Findings of fact by trial Judge – Attitude of appellate Court. |
| AMASA v. BIG TOM | |
| AMASIKE V. C.A.C | |
| AMERICAN CYANAMID COMPANY v. VITALITY PHARMACEUTICALS LTD | APPEAL:- Respondent’s notice – Order 3 rule 14(2) Court of Appeal Rules – Necessity of. |
| AMEOKOJA V EYIOWUAWI | |
| AMIDA v TAIYE OSHOBOJA | APPEAL:– Lis pendens – purport of. |
| AMINU A.U. SANYINNA V AFRICAN INTERNATIONAL BANK | APPEAL:– Appeal against interlocutory decision of trial court – How treated |
| AMINU AMINDELE AJAYI OJORA v LASISI AJIBOLA ODUNSI | APPEAL:- Appeals to Supreme Court– Civil Cases – interlocutory orders-Motion for attachment for contempt – Order for costs – Limited leave to appeal from interlocutory order -Extension of time for appeal –Application straight to Supreme Court – When proper |
| AMINU MOHAMMED AND THE STATE | APPEAL |
| AMOBI V AMOBI AND ORS | APPEAL:- Findings of lower court not appealed against -Power of Supreme Court to review – Order 8 rule 12(5) of the Supreme Court Rules, 1985 (as amended) – Effect |
| AMOKOMOWO v ANDU | APPEAL:- Evaluation of evidence – Trial judge failing to first review evidence on both sides but findings nevertheless based on due consideration of both parties’ cases as supported by evidence – Whether not deemed miscarriage of justice. |
| AMOO V. ALABI |
APPEAL:- Appeal against final decision and interlocutory decision – prescribed periods for appealing. APPEAL:- Extension of time within which to appeal-An order refusing an application for extension of time to appeal – Nature of -Whether a bar to further application. APPEAL:- Time stipulated for Appeal – An Appellant who failed to appeal within time – What he must do to have a competent appeal. APPEAL:- Time stipulated for Appeal -Prescribed time for appealing contained in the Court of Appeal Act – Whether relevant for purposes of filing an appeal after an extension of time has been granted. |
| AMORC (NIG.) V AWONIYI (CA) | APPEAL:- Stay of execution pending appeal – General guiding principles. |
| AMUDA V ADELODUN |
APPEAL:- Appeal from Court of Appeal to the Supreme Court – When leave is required – When it is not APPEAL:- Classification of grounds of appeal – Ground of law, Ground of mixed law and fact- Ground of fact – Grounds which require leave of leave and ones which do not – Duty of court to distinguish grounds properly APPEAL – Grounds of appeal – Particulars in support of – Need to couch same properly – Effect of failure thereto |
| AMUDATU OPE V SALAMOTU OPE | |
| AMUDIPE V. ARIJODI | APPEAL:- Notice of intention to rely on a preliminary objection – Nature of appeal filed after 3 month period – Appeal not properly before the court – S.31 Supreme Court Act 1960. |
| AMUSA V. THE STATE – CA | APPEAL:– Raising fresh issue on appeal – Where issue raised require leading of fresh evidence – Need to obtain leave of court – Effect of failure thereto
APPEAL:– Findings of fact by trial court – principles governing when an appellate court will interfere with same. |
| AMUSA V. THE STATE – SC | APPEAL:– Raising of fresh issues on appeal – Need to seek leave of court before raising same – Effect of failure thereto |
| ANABA V THE STATE | APPEAL:- Appeals (Criminal) – Appeal against sentence of death – Proscription – Limitation of time – S.31(4) Supreme Court Act, 1960 – Prayer for extension of time within which to appeal – How treated . |
| ANABARONYE V NWAKAIHE | APPEAL:– Concurrent findings of facts by lower courts – Attitude of Supreme Court thereto. |
| ANADI V. OKOLI | APPEALS:- Grounds of Appeal – When improper and Incompetent – Effect of defective Nature. |
| ANAEKWE V COP |
APPEAL:- Appellate jurisdiction – Legal basis of APPEAL:- Application for- bail – Application refused by High Court – Similar application filed in the Court of Appeal without an appeal against the refusal – Whether Court of Appeal can grant – Section 219 of the 1979 Constitution – How treated APPEAL:- Court of Appeal – Jurisdiction of under Section 219 of the 1979 Constitution – Whether has original jurisdiction to grant bail |
| ANAEZE V ANYASO | APPEAL:- Brief writing – Issues for determination – Proper approach to formulation thereof – Attitude of the Supreme Court to unnecessary proliferation of issues.
APPEAL:- Concurrent findings of fact by High Court and Court of Appeal – Attitude of the Supreme Court thereto – When the Supreme Court will interfere therewith |
| ANATOGU V IWEKA II |
APPEAL:- Fresh evidence – Reception of on appeal – Applicable principles APPEAL:- “Fresh evidence” -Reception of on appeal – Appeal to set aside judgment on ground of discovery of fresh evidence – Applicable principles – Whether the same APPEAL:- Raising of fresh issue on appeal – Raising of – Power of Appeal Court to allow – When exercisable. |
| ANAZODO NWOSU V. CHUKWUMANJO UDEAJA | |
| ANIMASHAUN V OLOJO | APPEAL:– Attitude of Supreme Court to concurrent findings of lower courts |
| ANIMASHAUN V. UNIVERSITY COLLEGE HOSPITAL | APPEAL:- Issue for determination – Need for same to arise from and relate to grounds of appeal – Where it does not – How treated. |
| ANKWA V THE STATE | |
| ANON LODGE HOTELS LTD AND OBOT. V. MERCANTILE BANK OF NIGERIA LTD | |
| ANTAIOS CIA NAVIERA SA V. SALEN REDERIERNA AB | APPEAL:- Arbitration Award – Leave to appeal to Court of Appeal against grant or refusal of leave to appeal to High Court – When leave to appeal to Court of Appeal should be granted – Principles applicable |
| ANTHONY EMEKA ANI V. THE STATE | APPEAL:– Section 16 Court of Appeal Act 1976 – Purport of – whether Court of Appeal can grant bail to an accused person who has appealed against the decision of the High Court refusing bail |
| ANTHONY IBHAFIDON v SUNDAY IGBINOSUN | APPEAL:– Leave to appeal – Where court below has affirmed finding of fact of trial court – Attitude of Supreme Court thereto. |
| ANTHONY NWACHUKWU V THE STATE | APPEAL |
| ANUEYIAGU V DEPUTY SHERIFF KANO | APPEAL:- Power of appellate court to substitute proper judgment for one set aside. |
| ANYABUNSI V UGWUNZE | APPEAL:- Concurrent findings of trial Court and Court of Appeal – Attitude of Supreme Court thereto. |
| ANYADUBA V RENOWNED TRADING | APPEAL:- Cross-Appeal – When necessary – Notice of Appeal – Respondent Notice – Whether can co-exist – Order 8 Rule 17 of Supreme Court Rules– Applicability of – When deemed abuse of court process |
| ANYADUBA V. NIGERIAN RENOWNED TRADING CO. LTD | APPEAL – RESPONDENT’S NOTICE UNDER THE SUPREME COURT RULES:- Two kinds of respondent’s notice – Cross-appeal: Respondent’s notice to vary the decision of the lower court which comes under Order 8 rule 3(1) of Supreme Court Rules – Affirmation: Respondent’s notice to affirm the decision of the lower court on grounds other than those relied upon by the lower court, as provided by Order 8 rule 3(2) – Distinction between both – Whether mutually exclusive – Whether a respondent can bring both in the same appeal – Proper treatment of |
| ANYADUBA v. NIGERIAN RENOWNED TRADING COMPANY LTD.(3) |
APPEAL:- Decision of trial court – Basis on which appellate court can interfere therewith – Where finding not appealed against – How treated. APPEAL:– Issues for determination -Duty on appellate court to consider all issues submitted to it – When it need not do so. APPEAL:- Non-suit – Order of made by trial court – Power of appellate court to substitute order of dismissal therefor – When proper |
| ANYAEBOSI V R. T. BRISCOE (NIGERIA) LTD. | APPEAL: Leave to appeal – Duty of Court – Whether not proper to grant leave lightly or as a matter of course – Whether leave not to be granted where concurrent findings of fact of two lower courts exist |
| ANYANWU AND ANOTHER v. SOUTH BANK STUDENT UNION | APPEALS:- |
| ANYANWU v. QUEEN | APPEAL:- Trial court refusing cross-examination on bad character of accused testifying against co-accused – Whether appellate court can set aside the decision. |
| ANYAWU v MBARA | APPEAL:- Error in judgment of lower court – Whether will always lead to reversal on appeal – Concurrent findings of fact by lower courts -Attitude of appellate courts thereto. |
| AOKO V FAGBEMI | |
| APATAKU V. ALABI | APPEAL:- Appeals to Court of Appeal – Extension of time for appeal – Order 3 rule 4(2) Court of Appeal Rules 1981 – Sole ground of appeal challenging jurisdiction of Customary Court Judge to complete part-heard case after his transfer to another State |
| APOSTLE ADEOLU AINA v. DR. OLUSANYA SONUGA | APPEAL – INTERFERENCE WITH DISCRETION OF TRIAL COURT:- Where an appellate court is satisfied that the principle of law has been met – Attitude to invitation to interfere with the discretion of the trial court |
| APOSTOLIC CHURCH V OLOWOLENI | |
| AQUA LIMITED v ONDO STATE SPORTS COUNCIL | APPEAL:- (Civil) – Right of appeal against final decision of High Court at First instance – Whether leave required – Supreme Court and Court of Appeal – Powers on appeal – Distinction – Relevance of grounds of appeal to filing of notice of appeal. |
| ARC AMINU DABO v. FEDERAL REPUBLIC OF NIGERIA | APPEAL – NOTICE OF APPEAL: Assignment of different numbers of Appeal to appellants convicted on the same charges and the same set of facts – Whether necessary – Effect of a judgment given over one of such similar appeals – Whether applies to the others |
| ARCHITECTS REG. COUNCIL OF NIGERIA V FASSASSI | |
| ARE V IPAYE (CA) | APPEAL:- Grounds of Appeal – Ground not agued – Abandonment of |
| ARE V. IPAYE | APPEAL:- Concurrent Findings of two lower courts – When Supreme Court will interfere. |
| AREMU V ADETORO | APPEAL |
| AREWA PAPER CONVERTERS LTD V N.D.I.C. (NIG. UNIVERSAL BANK LTD.) |
APPEAL:- Appeal from decision of dissolved Failed Bank Tribunal – Where lies – Whether Court of Appeal has jurisdiction over same. APPEAL:- Grounds of appeal – Function of – Whether ground of appeal vague – How determined. APPEAL:- Jurisdiction of court – Issue of- Whether can be raised for the first tune on appeal. APPEAL:- Right of appeal – Right of appeal from decision of Federal High Court to the Court of Appeal on matter originating from Failed Banks Tribunal – Law governing same. |
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