APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 2
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| 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 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 V. 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 V. 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 |
| 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 IKEWIBE | 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. |
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JUDGMENTS OF NIGERIAN COURTS |
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