PARTIES IN NOTICE OF APPEAL SHOULD BE SAME IN AN APPLICATION SUBSEQUENTLY BROUGHT ON SAME SUIT

The Notice of Appeal which is the foundation of this application has four parties as respondents, whereas the application has only three parties, exclusive of the Chief Registrar of the Federal High Court who is the 4th respondent in the Notice of Appeal. The Chief Registrar shouldn’t have been excluded/omitted from the application before us, as, if the appeal is supposed to involve the Chief Registrar, then the Chief Registrar is supposed to be involved in the application. The parties in both processes should be the same, and none should be excluded unless it has been formerly withdrawn. In this respect I endorse the submission of Chief Olanipekun. SAN on the issue of the parties, and I agree that the applicant cannot change the parties in the notice of appeal in this application.

— A.M. Muktar, JSC. Shinning Star Nig. Ltd. v. AKS Steel Nigeria Ltd. (2011) – SC. 101/2010

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SUCCESSFUL PARTY IS ENTITLED TO COST EXCEPT WHERE SPECIAL REASON IS SHOWN

A successful party is entitled to costs unless there are special reasons why he should be deprived of his entitlement. In making an award of costs, the Court must act judiciously and judicially. That is to say with correct and convincing reasons. See Per RHODES-VIVOUR, JSC in NNPC V. CLIFCO NIG. LTD (2011) LPELR-2022(SC) (P. 23, PARAS. D-A).

— U.M. Abba Aji, JSC. Cappa v NDIC (2021) – SC.147/2006

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COURT WILL NOT PUNISH PARTY FOR MISTAKE OF COUNSEL

I think it should be regarded as settled by a long line of decided cases that the Courts do not normally punish a litigant for mistakes of his counsel. But in my opinion, the Court will not regard this as a universal talisman, the waiver of which will act as a panacea in all cases, the Courts must be satisfied not only that the allegation of the … of Counsel is true and genuine but also it is availing having regard to the circumstances of the particular case.

– I.M.M. Saulawa JCA. Owhor v. Obodo (2020) – CA/PH/448/2017

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PARTY IS BOUND BY WHAT HIS COUNSEL DOES – APPARENT AUTHORITY

In the instant case there is no averment that the authority of plaintiff’s Counsel to conduct the case on his behalf was withdrawn at any stage or limited by any general or specific instruction. Counsel to plaintiff therefore had throughout the conduct of the case general and apparent authority to conduct the case of the plaintiff in his discretion within his professional skill and in the best interest of the plaintiff. The consent of Counsel in the negotiation for settlement of the dispute out of court was with the consent of plaintiff. There was no averment that Counsel and the defendants were not ad idem, both in the terms of agreement to settle out of court and in entering the consent judgment in court. Plaintiff was therefore bound by whatever results from such negotiations.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

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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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PARTY NOT PUNISHED FOR COUNSEL MISTAKE

It is a very well established principle that the object of courts is to decide the rights of parties and not to punish them for the mistake they or their counsel may make in the conduct of their cases or appeals by deciding otherwise than in accordance with their rights.

– Oputa JSC. Obiora v. Osele (1989) – SC.70/1987

INCOMPETENT PARTY CANNOT FILE APPLICATION

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PARTIES IN NOTICE OF APPEAL SHOULD BE SAME IN AN APPLICATION SUBSEQUENTLY BROUGHT ON SAME SUIT

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SUCCESSFUL PARTY IS ENTITLED TO COST EXCEPT WHERE SPECIAL REASON IS SHOWN

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COURT WILL NOT PUNISH PARTY FOR MISTAKE OF COUNSEL

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PARTY IS BOUND BY WHAT HIS COUNSEL DOES – APPARENT AUTHORITY

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APPEAL COURT HAS THE POWER TO AMEND PARTIES CAPACITY

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PARTY NOT PUNISHED FOR COUNSEL MISTAKE

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