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JUDGEMENT NOT APPEALED IS BINDING

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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)

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APPEAL STANDS OR FALL ON POINTS APPEALED AGAINST

MICHAEL V. THE STATE (2008) LPELR – 1874 (SC); where my lord MUSDAPHER (JSC, CJN) (of blessed memory) said as follows: “It is the law that where there is an appeal on some points only on a decision, the appeal stands or falls on those points appealed against only while the other points or decision not appealed remain unchallenged.”

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APPEAL: WHERE LEAVE IS REQUIRED BUT NOT OBTAINED, APPEAL IS INCOMPETENT

Consequently, in law an appeal which requires the prior leave of Court but was filed without the requisite leave of Court is wholly and completely incompetent. It would have no redeeming feature to be considered on the merit no matter how tempting the zeal to do substantial justice on the merit to the parties may be. See Sections 240; 243 (1), (2) and (4); 254C (5) and (6) 3(2) of the Constitution of Nigeria 1999 (as amended). See also Skye Bank v. Iwu (supra).

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

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WHAT DOES “APPEAL” MEANS?

The word “appeal” is simply to make a formal request to somebody in authority “for a decision to be changed” Oxford Learners Dictionary. In an Appeal, the lower Court’s decision is submitted to a higher Court “for review and possible reversal” see Black’s Law Dictionary, 9th Ed.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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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)

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AN APPEAL IS A CONTINUATION OF THE ORIGINAL SUIT – NEW ISSUES SHOULD NOT BE RAISED

Generally, an appeal is regarded as a continuation of the original suit rather than the inception of a new action. Because of this, in an appeal, parties are normally confined to their case as pleaded in the Court of first instance. They are not allowed to make a new and different case on appeal. They are not allowed to raise in such appeal new Issues without the express leave of Court or to proffer new evidence without such leave. An appeal, being a judicial examination by a higher Court of the decision of an inferior Court, it follows that such examination should normally and more appropriately be confined to the facts and issues that came before the inferior Court for decision.

– Oputa, JSC. Adegoke v. Adesanya (1989)

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PARTY CANNOT RAISE NEW ARGUMENT FOR THE FIRST TIME ON APPEAL WITHOUT LEAVE

A counsel cannot make out a case not pleaded by a litigant in his address before the court. Where the appellant did not predicate her case on customary law before the lower court, she cannot raise same here afresh before this court. The simple answer is that an appeal is not a new action but a continuation of the matter which is the subject – mater of the appeal. Hence an appellant cannot be allowed to set up a case different to that which was made out at the court below. This is because the appellate court would not have had the benefit of the opinion of the lower court on the issue. Eze V. A- G Rivers State (2001) 18 NWLR pt, 746, pg. 524 Ejiofodomi V. Okonkwo (1982) II SC 74 Dwege V. Iyamahan (1983) 8 SC 76 A-G Oyo State V. Fairlakes Hotels Limited (1988) 5 NWLR pt. 92, pg. 1 FRN V. Zebra Energy Limited (2002) 3 NWLR pt. 754, pg. 471.

— O.O. Adekeye, JSC. Agboola v UBA (2011) – SC.86/2003

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