Where a party, be it an Appellant or Respondent does not appeal against a finding or an order of Court, by way of a ground of appeal, a cross-appeal or a Respondent’s notice, that order or finding is binding and acceptable to it. The Respondent herein has not appealed against the order made to introduce and argue the two grounds of appeal. Therefore, the order is binding on it.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
SHARE ON
In Ebba vs. Ogodo (1984) 4 SC 372. The apex court had this to say:- “Unless the Court of Appeal finds that the decision is perverse, the Court of Appeal, whose opportunity is confined to printed record, is obliged to, and must accord to the finding of fact, by the trial court, the greatest weight and due respect.”
In all then, a decision is said to be perverse: (a) When it runs counter to the evidence; or (b) Where it has been shown that the trial Court took into account matters which it ought not to have taken into account or shut its eyes to the obvious; or (c) When it has occasioned a miscarriage of justice.
– Chima Centus, JSC Dondos v. State (2021) – SC.905/2014
As rightly, submitted by learned counsel for the respondent, an appellate Court is more concerned with whether the decision reached by the lower Court is correct and not necessarily whether a wrong reason was given for reaching a right decision. See: Arisa Vs The State (1988) 3 NWLR (Pt. 83) 386; Ojengbede vs Esan & Anor. (2001) 18 NWLR (Pt. 746) 771. If the decision is right, it will be upheld notwithstanding the fact that a wrong reason was given for the decision. It is only where the misdirection has caused the Court to come to a wrong decision that it would be material. See: Oladele & Ors Vs Aromolaran II & Ors. (1996) 6 NWLR (Pt.453) 180.
— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014
Omonuwa v. Oshodin & Anor (1985) 2 NWLR (Pt. 10) 924: “There is clearly no doubt that the principle established in all the above cited cases is that where the decision of the court does not finally determine the issue or issues between the parties or does not at once affect the status of the parties for whichever side the decisions is given, it is interlocutory.”
A decision is perverse where, for example, it has been shown that the trial court (or the court below) took into account matters which it ought not to have taken into account or where the decision has occasioned a miscarriage of justice.
— Kekere-Ekun JSC. Uzodinma v. Ihedioha (2020)
Now, it is abecedarian law that the decision of a Court is not to be read in convenient instalments. The decision must be read as a whole in order to appreciate the ratio decidendi in the case.
– Ogakwu, J.C.A Fijabi v. FBN (2021)
Click the icons to like, follow, and join JPoetry