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APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 6

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POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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TITLE MAIN ISSUES
AUTO COMPONENTS  LIMITED vs. THE STATE APPEAL:- Issues for determination – Proper treatment of
AUTO IMPORT EXPORT V ADEBAYO APPEAL:- Concurrent findings of lower Courts – Attitude of Supreme Court thereto.
AVINASH CHANDER MALHOTRA v. BANK OF SINGAPORE LIMITED (FORMERLY ING ASIA PRIVATE BANK LIMITED) APPEAL – GROUND OF APPEAL:- content of ground of appeal complaining of a misdirection or error in law- whether particulars must be separately supplied
AWHINAWHI V OTERI APPEAL:- Jurisdiction and proper appeal – Need for proper appeal to be pending before the Court of Appeal when it purported to deal with a matter- Proper order in the circumstance
AWOBOKUN V ADEYEMI
AWOGBAMI V. ALLEN APPEAL:- Findings of fact by trial court – Attitude of appellate court to invitation to interfere with same
AWOJOBI V OGBEMUDIA
AWOLO V OKWUDI APPEAL:- Findings of fact by trial judge – Attitude of appellate court.
AWOLOWO V SARKI AND THE ATTORNEY-GENERAL
AWONUGA V THE QUEEN APPEAL:- Finding of fact – Attitude of Appellate Court to invitation to interfere therewith
AWOSANYA v. ALGATA and ANOR.
AWOSIKA V INSPECTOR GENERAL OF POLICE
AWOSILE v. SOTUNBO

APPEAL:– Concurrent findings of facts – Attitude of the Supreme Court thereto.

APPEAL:– Ground of appeal –Argument on issue not related thereto -How treated.

AWOTE AND OTHERS V. OWODUNNI AND ANOTHER APPEAL:- Partially correct of lower courts – Attitude of Supreme Court thereto – Whether retrial suitable in such cases.
AYANBOYE V  BALOGUN APPEAL:- Arguments in brief – Need to be based on the issues formulated and not on grounds of appeal -Ground of appeal -Appeal on mixed law and fact – Effect of failure to seek leave – Section 220(2) (c), 1979 Constitution – Nature of right thereof – How construed.
AYINDE AND OTHERS V. AKANJI AND OTHERS
AYINDE V LABISI APPEAL:- Grounds of appeal – Whether Appellant entitled to argue all of them unless he abandons them or objection is successfully raised against them.
AYINLA  MUKADAM V LAARO AKANBI APPEAL:– Constitutional right of appeal – Power of court to hear procedural application to actualize applicant’s constitutional right.

APPEAL:– Dismissal of appeal – Whether results to an end of the appeal.

AYISA  v. AKANJI

APPEAL:- Appeal Court – Function of in respect of appeal before it – Whether restricted to considering appeal, as formulated by parties

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

APPEAL:– Issues for determination – How formulated – Need to relate same to ground(s) of appeal

APPEAL:- Null order or judgment – Effect of – Attitude of appellate court thereto

APPEAL:- Retrial order – When it will be made by appellate court.

AYO OLUGBUSI & ORS V COP
AYODELE V OLUMIDE
AYOKE  V BELLO APPEAL:– Ground of appeal which is not covered by any issue framed by the appellant/cross‑appellant – Where not also forming ground for any issue canvassed in the respondent/cross‑respondent’s  brief – Effect

APPEAL:– Purpose of formulating issues from grounds of appeal

AYOOLA V ADEBAYO
AYOOLA V OGUNJIMI APPEAL:- Appeals in Civil Cases-Plaintiff suing in representative capacity – Point not taken in trial court – No ground of appeal on amount of damages – How treated
AYORINDE  V. KUYE APPEAL:– Grounds of appeal – Classification of – guiding principles.
AYUA V ADASU APPEAL:‑ Ascription of probative value to evidence ‑ Duty of trial court thereto ‑ Attitude of appellate court to invitation to interfere with same

APPEAL:‑ Grounds of appeal ‑ Where particulars required ‑ How framed ‑ Whether needs to be couched separately.

AYUBA DAN RUFAI FAGOJI V KANO NATIVE AUTHORITY APPEAL:- High Court – Power to order retrial in Common Law Courts off cases of murder tried in Native Courts – S.67 Northern Region Native Courts Law
AYUB-KHAN  v. THE STATE
AZEEZ AKEREDOLU AND ORS. V LASISI AKINREMI (NO. 1) APPEAL:- Filing of appeal – Computation of time to file – “Period of days” referred to in the interpretation Act 1964 – How time for reading judgment computed
AZU  V THE STATE APPEAL:- Findings of fact by trial court – Attitude of appellate court thereto
AZUOGALONUA V OBIOZO APPEAL:- When Retrial is a proper order to be made on appeal – Misdirection by trial Court in making findings of fact
B.O.N. v. OJEBA LTD APPEAL:- Appellate court – Power of to set aside lower court’s decision – Limit of.
B.P. (WEST AFRICA) LIMITED V ALLEN

APPEAL:- Damages – Quantum of – Whether need to be specifically raised in grounds of appeal.

APPEAL:- Grounds of appeal – – Impossibility of performance and quantum of dam­ages – Whether to be specifically raised in the grounds of appeal

APPEAL:- Grounds of appeal- Omnibus ground – Impossibility of performance and quantum of damages – Whether arguable under omnibus ground.

APPEAL:- Omnibus ground – Proper wordings of in both civil and criminal actions – What can be argued under such ground -0. VII R.2 Federal Supreme Court Rules 1961.

BABALOLA V BABALOLA APPEAL:- Issues for Determination – Need for same to be disclosed by pleadings in lower court
BABANG GOLOK V MAMBOK DIYALPWAN
BABATUNDE  ADENUGA v J. K. ODUMERU(2) APPEAL:- Hearing of appeal – Respondent wishing to attack judgment appealed against – What he needs do.
BABAYO BAKA SEYO V. HUSSAINI BABA TUMFURE APPEAL – INTERFERENCE WITH THE FINDINGS OF FACT:- When an appellate court can interfere with the findings of fact of a lower court
BADEJO V FEDERAL MINISTER OF EDUCATION APPEAL:- Order of Striking out -Power of Court of Appeal to make –Basis – Extent and scope of- Whether can be made suo motu and without hearing parties.
BAGOGO GODWIN V THE STATE
BAHAR V YAURI N.A. POLICE APPEAL: Appeals from Area Courts –Criminal cases – Whether appeal Court has no power to hear additional evidence in Criminal cases – S. 58 Area Courts Edict considered

APPEAL:- Meaning of ‘hearing the whole case whether in whole or in part’ in S. 58 Area Courts Edict.

BAKADO LINE LTD (IN THE MATTER OF)
BAKAM V ABUBAKAR APPEAL:- Brief writing – Failure to file brief of argument – Effect
BAKARE V. APENA

APPEALS:- Retrial- Principles applicable.

APPEALS:- Retrial – Principles in ABODUNDU’s case – Applicability to civil matters.

BAKARE V. I. G. P.
BAKARE v. L. S. C. S. C APPEAL:- Issue for determination of an appeal – What it should be based on – Issue not arising from judgment of lower court or ground of appeal – How treated.
BAKER MARINE NIGERIA LIMITED V CHEVRON NIGERIA LIMITED Appeal:- Concurrent findings of fact by two lower Courts – When the Supreme Court would not interfere therewith.
BALOGUN V. A.C.B. LIMITED AND OTHERS. APPEAL:- Claim for debt and interest from partnership – Conflicting evidence of identity of partners – Failure of Trial Judge to make specific finding as to true relationship between alleged partners – Effect of – Trial Judge going beyond pleadings to explain relationship – Duty of appellate court to order trial de nova.
BALOGUN V. LABIRAN
BALOGUN V. AFOLAYAN APPEAL:– Irregularity in procedure and admission of document – Whether a party who adopted or acquiesced in same during trial can be heard to complain on appeal.
BAMFORD AND ANOTHER V BAMFORD AND OTHERS
BAMGBOYE V OLANREWAJU APPEAL:- Ground of appeal – Nature of – Need to confine issues for determination to grounds of appeal – Findings of fact by trial court – When Court of Appeal may interfere.
BAMGBOYE v. UNIVERSITY OF ILORIN APPEAL:- Grounds of appeal – Grounds based on obiter dictum of lower court – Competence

APPEAL:- Issues for determination – Absence of any ground of appeal in support thereof – Effect

BAMIDELE AND ANOTHER V ADEYEMI AND OTHERS APPEAL:- Improper use of document not proved by trial court – Proper order for appellate court to make – When retrial will be proper order
BANANA V BORNU NATIVE AUTHORITY APPEAL:- Grounds of appeal – When not raised before Court of Appeal – Whether can be raised before Supreme Court
BANK OF AMERICA V. NIGERIAN TRAVEL AGENCIES LTD.
BANK OF BARODA AND ANOTHER V. MERCANTILE BANK NIG. LTD APPEAL:- Appeal on issue relating to facts – Power of appeal court to examine new and relevant facts or circumstances
BANK OF CHINA V NBM LLC AND OTHERS
BANK OF IRELAND V U.B.N. LTD APPEAL:- Interlocutory appeal – Duty on appellate court in dealing with.
BANK OF THE NORTH LTD. v AKINTOYE APPEAL:- Fresh case on appeal- Preliminary objection to ground of appeal – How treated
BANK OF THE NORTH LTD. Vs. PATRICK MICHAEL AND ORS. APPEAL:– Preliminary objection to an appeal – argument canvassed in a preliminary objection which was withdrawn and struck out – whether relevant when a fresh application is made.

APPEAL:– Preliminary objections – where party fails to comply with provisions of order 3 rule 15 of the Court of Appeal Rules when making a preliminary objection – discretionary powers of the court under order 3 rule 15(3) of the Rules in relation to same.

BANKOLE V AGBAJE

APPEAL:- Findings of fact – Trial court not making finding of fact oft issue of damages after main claim dismissed – Attitude of appellate court.

APPEAL:- Grounds of – Misdirection alleged – Particulars of to be stated – Order 7 Rule 2(2), Supreme Court Rules.

BARIDAM V. STATE APPEAL:– Concurrent findings of fact of lower courts – Attitude of the Supreme Court thereto – When it will interfere therewith – When it will not

APPEAL:- Grounds of appeal – Omnibus ground – How framed in criminal cases.

APPEAL:- Grounds of appeal – Where original ground of appeal incompetent – Whether additional grounds can be competent – Attitude of the Supreme Court thereto on appeals against conviction carrying capital sentence.

APPEAL:- Issue for determination – Need to relate to ground of appeal – Effect where not so related – Duty on appellate court in respect thereof.

BARKONO V C.O.P.
BARO BAJODEN AND ANOTHER v. IROMWANIMU AND ANOTHER APPEAL:- Findings of fact -Concurrent findings of fact of lower courts – Attitude of Supreme Court thereto.
BASHAYA V STATE

APPEAL:- Appeal centering mainly on facts – How treated by appeal court.

APPEAL:- Evaluation of evidence by trial court-Attitude of appeal court thereto – When it will interfere therewith – When it will not.

APPEAL:- Findings of fact by trial court – Concurrent findings of fact by trial court and Court of Appeal – Attitude of the Supreme Court thereto – When it will disturb or interfere therewith – When it will not.

BASHUA V. MAJA
BASSEY AKPAN ARCHIBONG V  THE STATE

APPEAL:- Admissibility – Admissibility of evidence – when appellate court finds wrongful admission of inadmissible evidence – Whether sufficient ground for reversal of judgment – Relevant considerations

APPEAL:- Concurrent findings of fact – Attitude of the Supreme Court to an invitation to interfere therewith – relevant considerations

BASSEY V C.O.P. APPEAL:- Fresh point – Raising of on appeal – Right of accused to make de­fence – Whether fundamental .
BATURE MANYA v. STATE APPEAL – ISSUES FOR DETERMINATION:- Cases where appellate court can reformulate the issues for determination for parties to resolve the main question(s) in controversy notwithstanding that the parties had formulated issues for determination – Duty of court to ensure that the re-formulated issues must be rooted in the evidence led before the court and derive from the grounds of appeal
BATURE v. STATE APPEAL:- Evaluation of evidence by trial court – Attitude of appellate court thereto.

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

BAYTUR SA V FINAGRO HOLDING SA
BELL-GAM V BELL-GAM
BELLO MUSA MAGAJI V. ALHAJI ISHOLA ARE OGELE APPEAL:- When an appellate court will interfere with the concurrent findings of facts by lower courts- Basis – Miscarriage of justice denotes – Meaning of
BELLO OGUNDELE & ANOR. v. SHITTU AGIRI & ANOR. APPEAL:- GROUND OF APPEAL: When grounds of appeal will not amount to mixed law and fact
BELLO V BELLO

 

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