STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

APPEAL TO NATIONAL INDUSTRIAL COURT: APPEAL ON CHAPTER IV IS OF RIGHT

Reach more audience. Place advert here.

In law when an appeal against the decision of the Court below, the National Industrial Court of Nigeria, borders squarely on allegation of any breach of Chapter IV of the Constitution of Nigeria 1999 (as amended) dealing with the provisions relating to fundamental rights, such an appeal lie as of right and no leave of Court is required. So also is an appeal against the decision of the Court below in criminal matters lie as of right without any need for leave of Court. However, where an appeal against the decision of the Court below in civil matter borders on grounds other than grounds alleging breach of any of the provisions of Chapter IV of the Constitution of Nigeria 1999 (as amended), happily the law is now firmly settled that it can only lie with the leave of Court. See Skye Bank v. Iwu (2017) LPELR-42595 (SC).

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

Was this dictum helpful?

SHARE ON

appeal

INTEREST TO BE SHOWN BY AN INTERESTED PERSON TO APPEAL

The interest which will support an application for leave to appeal as interested party must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not only that he is a person having interest in the matter but also that the order or judgement of the Court below which he is seeking leave to appeal against prejudicially affects his interest. In other words, to succeed in the application, the applicants must show that they are persons who are aggrieved or persons against whom decisions have been produced which have wrongfully refused them something or wrongly affected their title to something. See: Nwaogu v. Atuma (2013) All FWLR (Pt. 669) 1022, In re: Ugadu (1988) 5 NWLR (Pt. 93) 189 at 202 per Karibi Whyte JSC; Usanga and Ors v. Okada and Ors (1964) 1 All NLR 36; Ikonne v. Commissioner of Police (1986) 4 NWLR (Pt. 36) 473; Dairo v. Gbadamosi In re: Afolabi (1987) 4 NWLR (Pt. 63) 18 and Ademola v. Sodipo (1992) 7 NWLR (Pt. 253) 260 261.

— K.B. Aka’ahs JSC. Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018)

Was this dictum helpful?

WHERE NO ISSUE ARISES FROM A GROUND OF APPEAL

In law, a ground of appeal from which no issue for determination was distilled is deemed abandoned and liable to be struck out without much ado. Consequently, Ground 7 in the Notice of Appeal are hereby stuck out.

— B.A. Georgewill, JCA. General Telephone v. Asset (2017) – CA/L/336/2015

Was this dictum helpful?

JUDGEMENT NOT APPEALED IS BINDING

The learned counsel for the plaintiffs/respondents objected to the brief filed by the 1st defendant/respondent on the ground that she did not file an appeal against the judgment of the lower court and she cannot be heard in her brief to support the appellant.
In reply the learned counsel for the 1st defendant/respondent submitted that he was at liberty to argue the appeal as long as he does not go outside the grounds of appeal filed by the appellant.
It should be noted that the 1st defendant/respondent did not defend the suit in the lower court. She also did not appeal against the judgment of the lower court. It will therefore be outrageous to allow her to argue her brief in favour of the appellant before this court. The whole case revolved on her in the lower court. She chose to do nothing before that court and did not appeal against the judgment of the lower court. The implication is that she is satisfied with the judgment of the lower court and cannot be allowed to argue the contrary in this court. The brief filed on her behalf is hereby discountenanced and struck out.

– Ogebe JCA. Ohiaeri v. Yusuf (2003)

Was this dictum helpful?

APPEAL FROM TRIAL COURT TO SUPREME COURT

It is elementary law that this court has no jurisdiction to consider the issue which was only decided by the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)

Was this dictum helpful?

REQUIREMENTS TO SUCCEED IN AN APPEAL

In order to succeed in this appeal, the appellant must show that the decision of the lower Court affirming the judgment of the trial Court is perverse, either because the evaluation of evidence and findings of fact were not based on a proper and dispassionate appraisal of the evidence on record, or the trial Court did not make proper use of the opportunity of seeing and hearing the witnesses testify, or that the findings were reached as a result of a wrong application of substantive law or procedure, or that there was a miscarriage of justice manifest on the face of the record. See: Igbi Vs The State (2000) 3 NWLR (Pt. 648) 169; Shehu Vs The State (2010) 8 NWLR (Pt. 1195) 112; Itu Vs The State (2016) 5 NWLR (Pt. 1506) 443.

— Kekere-Ekun, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

Was this dictum helpful?

WHEN AN APPEAL IS ENTERED, THE APPEAL COURT IS SEISED OF THE WHOLE PROCEEDING

As observed earlier, there is a finding by the court below that there was a pending appeal before it as Appeal No. CA/L/133/93 which was entered on May 2, 1995. Now, in accordance with the provisions of the Court of Appeal Rules, 1981 (as amended) an appeal is said to be entered in the court when the record of proceedings in the trial court has been received in the Registry of the court. See: Order 1 Rule 22, Court of Appeal Rules (1981) (as amended); Order 4 Rule 10, Court of Appeal Rules, 2007 (as amended). Once it is so entered, an appeal is then said to be pending. The Rule governing the control of proceedings during pendency of an appeal is that after an appeal has been entered and until it has been finally disposed of, the court shall be seised of the whole of the proceedings as between the parties thereto and except as may be otherwise provided in the Rules, every application therein shall be made to the court and not to the court below (i.e. the trial), but any application may be filed in the trial court for transmission to the court below. See Order 4, Rule 11. Thus, in pursuance of the above provisions of the Court of Appeal Rules, the trial court will have no competence or jurisdiction to decide on any application whether on notice or ex-parte in relation to an appeal which the trial court has become FUNCTUS OFFICIO. If the trial court takes any step thereon, except for the purposes of transmitting the processes so filed to the Court of Appeal, that step taken will be declared a nullity.

— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004

Was this dictum helpful?

No more related dictum to show.