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APPELLANT MUST SUCCEED ON STRENGTH OF HIS OWN CASE

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Dictum

But that notwithstanding, it must be borne in mind that an Appellant does not need the support of the Respondent to win his own appeal. He must succeed or fail, on the strength of his own brief and his own case. – Jonah Adah, JCA. Eshiet v. Effiong (2018)

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WHEN PARTIES ARE NOT IN AGREEMENT, ISSUE IS JOINED

From the above it is clear that the parties are not agreed on what happened in ward 9, Sabagreia. They have therefore, joined issues on their pleadings. So, what is the legal evidence adduced on both sides in proof of the facts as each party asserted them?

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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APPEAL COURT HAS THE POWER TO AMEND PARTIES CAPACITY

See, Lawrence Elendu and others v. Felix Ekwoaba (1998) 12 NWLR (pt. 578) 320 at 331 – 332 where this court, per Onu J.S.C., succinctly put the proposition of law under consideration as follows: – “Once the pleadings and evidence show conclusively a representative capacity and the case was fought throughout in that capacity, the trial court can justifiably properly enter judgment for and/or against the party in that capacity even if an amendment to reflect that capacity had not been applied for and obtained. Moreover, an appeal court has the power in the interest of justice to amend the parties’ capacity in the writ of summons and to enter judgment for them accordingly.”

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COURT CANNOT GIVE PARTY THAT WHICH HE DID NOT CLAIM

Badmus v. Abegunde (1999) 11 NWLR (Pt. 627) 493, Onu, J.S.C. observed: “It is trite law that the court is without power to award to a claimant that which he did not claim. This principle of law has time and again, been stated and re-stated by this court that it seems to me that there is no longer any need to cite authorities in support of it. We take the view that the proposition of the law is not only good law but good sense. A court of law may award less, and not more than what the parties have claimed. A fortiori, the court should never award that which was not claimed or pleaded by either party. It should always be borne in mind that a Court of Law is not a charitable institution, its duty in civil cases is to render unto every one according to his proven claim.”

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PARTIES TO A CASE DETERMINE THE JURISDICTION OF A COURT

However, what the learned senior Counsel failed to realize is the fact that the presence of the 2nd Appellant, the National Judicial Council and the Honourable Attorney General of the Federation as parties in the case, had pulled in a feature in the case which brought it out of the jurisdiction of the High Court taking into consideration the decision of this Court in Madukolu v. Nkemdelim (supra) earlier quoted in this judgment.

– Mahmud, JSC. Elelu-Habeeb v. A.G Federation (2012)

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INCOMPETENT PARTY CANNOT FILE APPLICATION

A party who is not competently before the Court is incapable of filing applications. The incompetence of the application fatally affected the ruling of the trial Court appealed against. – SAULAWA, JCA. Eshiet v. Effiong (2018)

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PARTY CANNOT BE GRANTED WHAT HE DID NOT CLAIM

In this regard, the law is long and well settled that where a plaintiff claims, say, a declaration of title to land or whatever, and his claim is dismissed, it will be wrong to grant the declaration to the defendant if he did not ask for it by way of counter-claim. See: Ntiaro v. Akpam 3 N.L.R. 10; Abisi v. Ekwealor (1993) 6 NWLR (Pt. 302) 643 etc. As has been pointed out repeatedly by this and other courts, courts of law are no father Christmas and they must not grant to a party a relief which he has not sought or claimed or which is more than he has claimed. see: Ekpenyong v. Nyong (1975) 2 S.C. 71 at 81-82.

– Iguh JSC. Awoniyi v. AMORC (2000)

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