APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 3
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– Event occurring which disposes of issue between parties – Duty of counsel and solicitors – Duty to ensure appeal is withdrawn or to seek directions.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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JUDGMENTS OF NIGERIAN COURTS |
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