APPEAL – LITIGATION/PRACTICE/PROCEDURE CASES OF NIGERIAN COURTS – 6
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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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
