It is also trite that an appeal is a continuation of the original action. The parties are therefore confined to their case as pleaded and presented at the Court of first instance. See: Ngige Vs Obi (2006) 14 NWLR (Pt.999) 1 @ 225; Adegoke Motors Vs Adesanya (1989) 3 NWLR (Pt. 109) 250 @ 266; Alhassan Vs Ishaku (2016) LPELR – 40083 (SC) @ 680.
— K.M.O. Kekere-Ekun, JSC. MTN v. Corporate (2019) – SC.674/2014
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In Agba v. Okogbue (1988) 4 NWLR (Pt.91) 747, I observed at page 753 G-H as follows:- “It must be clearly borne in mind that a stay of execution is never granted as a matter of course because section 18 of the Court of Appeal Act, 1976, enacts that an appeal under part 2 of the Act shall not operate as a stay of execution. The grounds of appeal filed against the judgment must therefore be tested under a microscopic mirror if the application is not a ruse to delay the enjoyment of the fruits of the judgment by the respondent. In so doing, it is wrong to suggest that a court is acting as if it is hearing an appeal because it has pointed out the absurdity of a ground of appeal in considering whether it is prima facie an arguable ground”.
A Respondent’s role in an Appeal is to defend the judgment on Appeal, and not attack it. On the other hand, it is duty of the Appellant to attack the judgment. After all he filed the Appeal because he believes it is wrong. If a Respondent is not satisfied with the judgment on Appeal he should file a Cross Appeal or Respondents Notice. See New Nig Bank PLC v Egun (2001) 7 NWLR (Pt. 711) p.1 and Ibe v Onuorah (1999) 14 NWLR (Pt. 638) p. 340. It must be noted, though that a Cross Appeal and a Respondents Notice cannot co-exist.
— O. Rhodes-Vivour, JSC. Bakari v. Ogundipe (2020) – SC.514/2015
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.”
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
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
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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