APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 4

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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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