INELEGANCE & UNTIDINESS CANNOT RENDER AN APPEAL INCOMPETENT

It is to be seen that it can be said that filing more than a notice of appeal and using more than one could be inelegant, untidy or even confusing, but the law and its practice have had it settled that the inelegance or untidiness are not enough reason for rendering those notices of appeal incompetent or invalid as to do that would be taking technicality too far and not covered by law.

– Peter-Odili, JSC. Tukur v. Uba (2012) – SC.390/2011

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AN APPEAL IS A CONTINUATION OF THE CASE AT THE TRIAL COURT

An appeal is generally taken to be a continuation of the original case started at the first instance court. It is not a new cause of action, See: Oredoyin v. Arowolo (1989) 4 NWLR (Pt.114) 171 at p.211; Adegoke Motors v. Adesanya (1989) 3 NWLR (Pt.109) 250. It is always confined to the consideration of the record which was forwarded from the court below with no new testimony or issues raised in the appellate court. Focussing on the record of appeal placed before it, the appeal court “rehears” the case and may make its own evaluation of the evidence contained in the record of appeal. From that record, the appeal court may review the findings and inferences of fact and, where it considers it proper, may substitutes its own view of the facts for that of the trial court. It may also review the whole proceedings including all the interlocutory decisions given in the trial. It may reject conclusions of the trial court from facts which do not flow from the evidence or may be regarded as perverse. See: Okotie-Eboh and Ors v. Okotie-Eboh and Ors 1986) 1 SC 479 at p.507; Onowan and Anor v. Iserhein (1976) NWLR 263. What the court below did is akin to this principle of practice and procedure.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

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WHERE ERROR OF LAW BY TRIAL JUDGE, APPEAL COURT WILL REVERSE THE DECISION

A decision of a lower court on any point will be reversed by the appellate court where error of law committed by the lower court is fatal because it has occasioned a substantial miscarriage of justice.

– Adio, JSC. UBN v. Ozigi (1994)

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THERE IS NO RIGHT OF APPEAL ON AWARD OF COSTS

Generally there is no right of appeal against an award of costs except with leave of the High Court or of this court by virtue of section 241(2)(c) of the 1999 constitution. The exception to this provision of the constitution is where in addition to appeal as to costs, there is appeal on other issues or issue. See Anyaso v. Anyaso (1998) 9 NWLR (Pt 564) page 157. Ayanboye v. Balogun (1990) 5 NWLR (Pt 151) page 410.

— Abdu Aboki JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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WHERE NO APPEAL, DECISION IS DEEMED ACCEPTED BY THE PARTY

The settled position of the law applicable in the given circumstance is as straight forward as it comes and that is to the effect that a decision of Court against which no Appeal has been filed is deemed accepted by the party against whom the decision was entered and therefore binding. In the same token, the law is trite that a decision or conclusion or finding not appealed against is deemed correct and binding between the parties. See the cases of ODIASE v. AGHO and ORS (1972) 1 ALL NLR (Pt. 1) 170 AT 176; MELIFONWU v. EGBUJI (1982) 9 SC. 145 AT 165; BIARIKO v. EDEH-OGWUILE (2001) 12 NWLR (Pt. 726) 235; IYOHO v. EFFIONG (2007) 11 NWLR (Pt. 1044) 31; and S.P.D.C. v. X.M. FED. LTD (2006) 16 NWLR (Pt. 1004) 189 where the Supreme Court per ONNOGHEN, JSC had this to say on the subject: “It is settled law that a decision of a Court not Appealed against remains valid, subsisting, and binding between the parties and is presumed acceptable to the parties.”

— F.O. Oho, JCA. Nasiru v State (2016) – CA/S/78C/2015

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WHERE APPEAL COURT MAY INTERFERE IN THE DECISION OF THE LOWER COURT

Once an appellate Court finds that the conclusion reached by a lower Court is correct, it has no duty to interfere. Thus, the duty of an appellate Court to interfere will arise only where the finding, conclusion and/or decision of the lower Court is wrong and/or perverse. In law, a finding or conclusion of a Court is said to be perverse when such finding does not flow from the proved evidence or was arrived at wrongly or was anchored on extraneous matters. In all such circumstances, an appellate Court will interfere to set it aside and make appropriate finding as justified and borne out by the evidence in the printed record of appeal.

– Abdu Aboki, JSC. Chukwu v. State (2021)

INTERMEDIATE COURT WILL PROCEED TO LOOK AT THE CASE MERIT

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INELEGANCE & UNTIDINESS CANNOT RENDER AN APPEAL INCOMPETENT

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AN APPEAL IS A CONTINUATION OF THE CASE AT THE TRIAL COURT

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WHERE ERROR OF LAW BY TRIAL JUDGE, APPEAL COURT WILL REVERSE THE DECISION

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THERE IS NO RIGHT OF APPEAL ON AWARD OF COSTS

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WHERE NO APPEAL, DECISION IS DEEMED ACCEPTED BY THE PARTY

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WHERE APPEAL COURT MAY INTERFERE IN THE DECISION OF THE LOWER COURT

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