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

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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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APPEAL AGAINST THE WEIGHT OF EVIDENCE

Mogaji and Ors. v. Odofin and Ors. (1978) 4 S.C. 91 at 93, Fatayi-Williams J.S.C. (as he then was) said: “When an appellant complains that a judgment is against the weight of evidence, all he means is that when the evidence adduced by him is balanced against that adduced by the respondent, the judgment given in favour of the respondent is against the weight which should have been given to the totality of the evidence before him. In other words, the totality of the evidence should be considered in order to determine which has weight and which has no weight at all.”

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APPELLATE COURT INTERFERENCE WITH TRIAL COURTS DISCRETION

It needs to be emphasised here that an appellate Court will usually not interfere with an exercise of discretion in its quest to obtain substantial justice except where it is satisfied that the discretion was exercised arbitrarily or illegally or without due regard to all necessary consideration having regard to the circumstances of the particular case. – Nweze JSC. Abdullahi v. Adetutu (2019)

Even then, it is well – established that an appellate Court will not, in principle, interfere with the exercise of discretion by the trial Court unless that discretion is shown to have been exercised upon wrong principles or that the exercise was tainted with some illegality or substantial irregularity. – Nweze JSC. Abdullahi v. Adetutu (2019)

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INTEREST TO BE SHOWN BY AN INTERESTED PERSON TO APPEAL

The interest which will support an application for leave to appeal as interested party must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not only that he is a person having interest in the matter but also that the order or judgement of the Court below which he is seeking leave to appeal against prejudicially affects his interest. In other words, to succeed in the application, the applicants must show that they are persons who are aggrieved or persons against whom decisions have been produced which have wrongfully refused them something or wrongly affected their title to something. See: Nwaogu v. Atuma (2013) All FWLR (Pt. 669) 1022, In re: Ugadu (1988) 5 NWLR (Pt. 93) 189 at 202 per Karibi Whyte JSC; Usanga and Ors v. Okada and Ors (1964) 1 All NLR 36; Ikonne v. Commissioner of Police (1986) 4 NWLR (Pt. 36) 473; Dairo v. Gbadamosi In re: Afolabi (1987) 4 NWLR (Pt. 63) 18 and Ademola v. Sodipo (1992) 7 NWLR (Pt. 253) 260 261.

— K.B. Aka’ahs JSC. Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018)

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JUDGEMENT NOT APPEALED IS BINDING

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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WHEN FINDINGS OF FACT OF TRIAL COURT ARE NOT APPEALED, THERE NO NEED FOR APPELLATE COURT TO REVIEW THEM

There was, with the greatest respect, no earthly reason for the Court of Appeal to review the pleadings and the evidence in view of the findings of fact of the trial Court at p.160 that EXS.D and E were not loan receipts but receipts for the sale of land and the conclusion of law at p.161 “that all the plaintiff got by virtue of the receipts Exhibits D and E was an equitable interest”. There was no cross-appeal by the 2nd Defendant challenging the above findings. What the Court below should have then concentrated on would have been the legal effect of the above findings on the relationship of the Plaintiff and the 2nd Defendant.

— Oputa, JSC. Osagie v. Oyeyinka & Anor. (1987) – SC.194/1985

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AN APPEAL IS AGAINST A RATIO, NOT OBITER

It also has to be observed that an appeal is usually against a ratio not normally against an obiter except in cases where the obiter is so closely linked with the ratio as to be deemed to have radically influenced the latter. But even there, the appeal is still against the ratio.

— Oputa, JSC. Saude v. Abdullahi (1989) – SC.197/1987

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