I need only add that an appeal against a phantom or non-existent decision is an abuse of the Court’s process.
– Ejembi Eko, J.S.C. Mekwunye v. Emirates (2018) – SC.488/2014
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It is elementary law that this court has no jurisdiction to consider the issue which was only decided by the trial court. – Musdapher JSC. Gbadamosi v. Dairo (2007)
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
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
The excerpts above of the trial Court findings and conclusions were not appealed against at the lower Court which throws up the settled law that where there is no appeal against specific findings of fact made at the trial Court, those findings remain for all time unassailable and deemed accepted as representing the true state of affairs. It therefore becomes futile trying to smuggle those same issues at another level of appeal since they have in effect been conceded by the party against whom they were decided and remains valid and binding on all parties forever. I rely on Anyanwu v Ogunewe (2014) All FWLR (Pt. 738) 1012 at 1037; Nwankwo v Yar’Adua (2010) All FWLR (Pt.534) 1; L.A. & A.C. Ltd v U.B.A. Plc (2014) All FWLR (Pt.739) 1080 at 1094.
— M.U. Peter-Odili, JSC. MTN v. Corporate (2019) – SC.674/2014
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)
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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