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 – 5
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| ARIBISALA V OGUNYEMI | APPEAL:- Appeal from High Court to Court of Appeal- Competence of – What determines – Need for issues raised to challenge finding of High Court. |
| ARICHE V STATE | APPEAL:- Findings of fact by trial court – Concurrent findings of fact by lower court – Attitude of Supreme Court to invitation to interfere therewith |
| ARIORI V. ELEMO | APPEAL:- Order of retrial – When proper order to be made by appellate court when a trial court fails to use the opportunity of giving a case a proper trial |
| ARIYO V. OGELE | APPEAL:- Order for re-trial – Whether must be in Court having original jurisdiction for same – Native Courts Ordinance S.40(l)(b) – Effect |
| ARJAY LIMITED V AIRLINE MANAGEMENT SUPPORT | APPEAL:– Ground of appeal – ground of law – identified
APPEAL:– Ground of appeal – Court deciding there is no evidence when there was evidence before the court to resolve an issue of jurisdiction – Whether a ground of law |
| AROJOJOYE V WATA TIMBER CO. LTD. | APPEAL:- Evidence – Inadmissible evidence admitted by a trial court sitting without a jury – Duty of appellate court. |
| AROMASHODUN V OGUNMEKAN | APPEAL:- Documents – Tender of document for the first time at appellate level which was not presented at trial court – Where a document is put in by consent – Effect |
| AROMIRE V AWOYEMI | APPEAL:- Civil Appeals to Supreme Court – Nature of Appeal – Trespass and recovery of possession joined together in a claim – Where both parties claim to be in possession – How treated |
| AROMOLARAN V OLADELE(CA) | APPEAL:- Application for leave to appeal – What court must consider.
APPEAL:- Ground of appeal – Need to be sound and arguable. APPEAL:- Leave to appeal – Discretion of court – Need to be exercised judicially and judiciously. |
| AROWOLO V ADIMULA |
APPEAL:‑ Grounds of Appeal ‑ Ground of fact and grounds of mixed fact and law ‑ Meanings and distinction between. APPEAL:‑ Leave to appeal ‑ Interlocutory appeals from High Court to Court of Appeal ‑ Section 221 (1) of the 1979 Constitution ‑ Ground of appeal based on question of fact or on mixed facts and law ‑ Leave to appeal not obtained ‑ Effect. |
| AROYEWUN V AWOLESI OSOLARU & ORS | APPEAL:- Proper order to make when judgment delivery is late |
| AROYEWUN V ADEDIRAN | APPEAL:- Concurrent findings of two lower courts – When Supreme Court will not interfere therewith. |
| ARTRA INDUSTRIES NIGERIA LIMITED V THE NIGERIAN BANK FOR COMMERCE AND INDUSTRY | APPEAL:- Court of Appeal – Power thereof to give any judgment or order with respect to appeal before it – Where derived- Order 3 rule 23 Court of Appeal Rules.
APPEAL:- Issues for determination – Formulation of – Rules governing. |
| ARU ABBA TUKUGOVERNMENT OF GONGOLA STATE V ALHAJI UMR | |
| ARUBO v. AIYELERU | APPEAL:- Amendment of pleadings – Order of by trial court in disregard of governing principles – How treated by appellate court. |
| ARUEYEE V. THE STATE | |
| ARUKU V FAYOSE | |
| ARUNA KUDORO V BARIKISU ALAKA | APPEAL:- Improper exercise of discretion – Attitude of Appellate Court. |
| ASAKITIKPI v. STATE |
APPEAL – Appeal against conviction in Supreme Court – Where a point decided in favour of appellant – When Supreme Court may still dismiss appeal – Section 26(1) Supreme Court Act, 1960. APPEAL:- Findings of fact – Concurrent findings of High Court and Court of Appeal – Attitude of the Supreme Court thereto. |
| ASALU V DAKAN | |
| ASANI KOSEBINU & ORS. v. MISIRI ALIMI & ORS. | APPEAL – ISSUES FOR DETERMINATION:- Whether court of appeal must consider all issues for determination as presented by the parties in an appeal |
| ASANI SOGUNRO & ORS v. AREMU YEKU & ANOR | APPEAL – GROUND OF APPEAL:- Whether a ground of appeal in which no issue is formulated therefrom is deemed abandoned |
| ASANYA V STATE | APPEAL:- Attitude of Supreme Court to the time-honoured principle of stare decisis |
| ASERE V ASERE | APPEAL:– When Court can make an order of retrial – Whether court in such cases need not go into the merit of the case |
| ASHARARU DAN SAURI BAMAINA V. KANO NATIVE AUTHORITY |
APPEAL:- Raising a point for the first time in Federal Supreme Court – Propriety of APPEAL: – Ground of appeal – Need for issues for determination to connect therewith – Raising a point not in ground of appeal – Attitude of court. |
| ASHIRU V OLUKOYA | |
| ASIBONG V THE QUEEN | APPEAL: Findings not supported by evidence – Effect of on the validity of a conviction on appeal |
| ASORE V LEMOMU | APPEAL:- Filing of appeal after expiration of time limited he rules and after expiration of extension granted by court – Effect of
APPEAL:- Filing of appeal after expiration of time limited by rules and after expiration of extension granted by court – Whether amounts to mere irregularity or whether fatal to proceedings. |
| ASSOCIATED DISCOUNT HOUSE LTD. V AMALGAMATED TRUSTEES LTD (2) | |
| ASTAC (NIG.)LTD v. DANTATA AND SAWOE CONSTRUCTION | APPEAL:- Findings of fact by trial court – Attitude of appellate court thereto. |
| ASUQUO V. THE STATE | APPEAL:- |
| ATAGUBA AND COMPANY V GURA NIGERIA LIMITED | APPEAL:- Undefended list procedure– Order 11 Rules 9 and 26 of the Kaduna State high Court (Civil Procedure) rules 1987 – How treated |
| APPEAL:- Juristic personality – Implication for competency of parties – Absence of competent parties – Effect on jurisdiction of court | |
| ATAKE V. NELSON ASIGBORO AFEJUKU | APPEAL:- Raising of academic questions in Supreme Court – Attitude of Supreme Court thereto – Whether will entertain
APPEAL:- Reference of questions relating to interpretation and application of the Constitution by the Court of Appeal to the Supreme Court – Questions not referable – Section 259(3) 1979 Constitution. |
| ATAKULU V. FAWIBE | APPEAL:- Right of appeal – decision granting unconditional leave to defend an action – Whether right of appeal against such decision exists – section 241(2)(a) of the 1999 Constitution applied. |
| ATANDA V ATTORNEY GENERAL WESTERN REGION | APPEAL:– Notice of appeal – prayer to deem as properly filed – whether proper. |
| ATANDA V LAKANMI | APPEAL:- Appeal against retrial order – Claim for declaration and injunction – Where ground of appeal taken suo motu – Whether wrongful exercise of jurisdiction – When non suit is proper order |
| ATANO AND ANOTHER V. A-G. (BENDEL) | APPEAL:- Court of Appeal – Non-compliance with mandatory rule of statute – Where non-compliance not ground of appeal at Court of Appeal – Effect of |
| ATANZE V ATTAH | |
| ATAT OF MANGOR V REGINA | |
| ATAYI FARMS LTD v. NIGERIA AGRICULTURAL CO-OPERATIVE BANK LTD & ANOR | APPEAL – OMNIBUS GROUND OF APPEAL:-Conditions an appellate court will consider where an appellant attacks an appeal as being against the weight of evidence |
| ATLANSKA PLOVIDBA v CONSIGNACIONES ASTURIANASS | |
| ATLAS (NIGERIA) LTD. v. STEVE RHODES | |
| ATO V. THE STATE | – APPEAL |
| ATOLAGBE V SHORUN | APPEAL:- Civil Appeals) – Finding of facts of trial court- Identity of land – When proof of deemed not established by trial court – Duty to raise same as an issues on appeal – Effect of failure thereto |
| ATOYEBI V THE GOVERNOR OF OYO STATE | APPEAL:- Concurrent findings of fact by High Court and Court of Appeal – Attitude of Supreme Court thereto.
APPEAL:- Decision of court appealed against – Complaint not made against part of decision thereof’- Legal effect thereof. APPEAL:- Decision of court appealed against – Error or mistake therein – What type of will result in appeal being allowed by appellate court. APPEAL:- Supreme Court – Raising a fresh issue therein – Conditions applicable. |
| ATTABOH IDIH v. DR. ALIYU OCHEJA OBAJE (THE ATTAH OF IGALA) & ANOR | APPEAL – CROSS APPEAL:- Grounds of appeal and Issues for determination – Whether a respondent who does not cross appeal can formulate issues independent of the appellant’s grounds of appeal |
| ATTAH IDIH V. BEN UTENO | APPEAL – INTERFERENCE WITH FINDINGS OF FACT:- Circumstances under which an appellate court will not hesitate to interfere therewith – Perverse decision – Meaning of |
| ATTORNEY GENERAL OF ANAMBRA STATE V NWOSU EBOH | APPEAL:‑ Issue for determination ‑ Need to re/ate to ground of appeal – Effect where it does not. |
| ATTORNEY GENERAL OF RIVERS STATE V UDE | |
| ATTORNEY GENERAL OF EKITI STATE v DARAMOLA | APPEAL:- Finding of fact by trial Court- Attitude of appellate Court thereto |
| ATTORNEY GENERAL OF LAGOS STATE V EKO HOTELS LIMITED | Appeal:- Issue for determination – Necessity of basing same on one or more grounds of appeal.
Appeal:- Leave of Court – Whether condition precedent for an Appellant to introduce arguments at the appellate Court other than those canvassed at the Court below. |
| ATTORNEY GENERAL OF THE FEDERATION V. ALL NIGERIAN PEOPLES PARTY AND ORS. |
APPEAL: Interested party who was not party to a decided case – Whether needs to seek and obtain leave before appeal. APPEAL:- Right of appeal – Whether absolute – Section 243 of the 1999 Constitution – Effect. |
| ATTORNEY-GENERAL OF LAGOS STATE V THE HON. JUSTICE L J. DOSUMU | |
| ATTORNEY-GENERAL OF OYO STATE V. FAIRLAKES HOTELS | APPEAL:- 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. |
| ATTORNEY-GENERAL OF THE FEDERATION V ATIKU ABUBAKAR | APPEAL:- Court of’ Appeal – Original jurisdiction of – Nature curd scope of – When can be invoked – Section 239(1)(c), 1999 Constitution.
APPEAL:- Evaluation of evidence – When appellate court can evaluate evidence. APPEAL:- Finding of fact by trial court – When perverse – When not – When appellate court will interfere therewith. |
| ATUGBUE v. CHIME |
APPEAL:- Costs – Error of court below – Where Respondent not cause of – Whether liable to pay cost for supporting wrong judgment. APPEAL:- Order of retrial – Major error of procedure committed by lower court – Consequential order of retrial. |
| ATUNRASE V PHILLIPS | APPEAL:- Issues for determination -Need to predicate same on grounds of appeal -Where not so predicated – Effect. |
| ATUYEYE V ASHAMU |
APPEAL:- Proper ground of appeal – “That the judgment is against the weight of evidence” – Whether is a proper ground of appeal – APPEAL:- Court of Appeal Rules 1981, Order 3 Rules 2(2) and 2(4) – Distinction between ground of appeal in criminal cases that ‘judgment is unreasonable and cannot be supported by the evidence’ and ground that judgment is against weight of evidence in civil cases – Section 20, Court of Appeal Act, 1976 considered |
| AUBERGINE COLLECTIONS LTD. V. HABIB NIGERIA BANK LTD | APPEAL:- Appellate court – judicial role of
APPEAL:– Respondent not opposing an appeal – Whether relieves appellant of proving the flaw in trial court’s decision. |
| AUGUSTINE NDULUE V. NWANKWO IBEZIM & ANOR | APPEAL:- Issues for Determination – Where entirely academic or speculative – Duty of the appellate court to decline to decide the point |
| AUGUSTINE NWAFOR MOJEKWU v. MRS. THERESA IWUCHUKWU | APPEAL:- Findings of fact – Concurrent findings of fact by High Court and Court of Appeal – Attitude of the Supreme Court thereto – When will interfere therewith – When it will not. |
| AUGUSTUSA NDUKAUBA V. CHIEF SILAS M. KOLOMO | APPEAL:- Fresh point on appeal – Right to fair hearing – Issue of breach of – Where raised for the first time at Supreme Court – How treated – Whether requires leave. |
| AUJLA V. SANGHERA | APPEAL:- Extension of time – Discretion and jurisdiction of Judge to extend –Proper treatment of – CPR 52.4, 52.6. |
| AUTA Vs. IBE | APPEAL:- Court of Appeal speculating on the credibility of witness presented at the trial Court – Propriety of. |
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JUDGMENTS OF NIGERIAN COURTS |
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LAGOS STATE HIGH COURT (APPEALS) RULES
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