APPEAL IS THE CONTINUATION OF THE ORIGINAL ACTION

AN APPEAL IS A CONTINUATION OF THE CASE AT THE TRIAL COURT

An appeal is generally taken to be a continuation of the original case started at the first instance court. It is not a new cause of action, See: Oredoyin v. Arowolo (1989) 4 NWLR (Pt.114) 171 at p.211; Adegoke Motors v. Adesanya (1989) 3 NWLR (Pt.109) 250. It is always confined to the consideration of the record which was forwarded from the court below with no new testimony or issues raised in the appellate court. Focussing on the record of appeal placed before it, the appeal court “rehears” the case and may make its own evaluation of the evidence contained in the record of appeal. From that record, the appeal court may review the findings and inferences of fact and, where it considers it proper, may substitutes its own view of the facts for that of the trial court. It may also review the whole proceedings including all the interlocutory decisions given in the trial. It may reject conclusions of the trial court from facts which do not flow from the evidence or may be regarded as perverse. See: Okotie-Eboh and Ors v. Okotie-Eboh and Ors 1986) 1 SC 479 at p.507; Onowan and Anor v. Iserhein (1976) NWLR 263. What the court below did is akin to this principle of practice and procedure.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

AN APPEAL DOES NOT ACT AS AN AUTOMATIC STAY OF EXECUTION

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”.

APPEAL AGAINST A NONEXISTENT DECISION

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

INELEGANCE & UNTIDINESS CANNOT RENDER AN APPEAL INCOMPETENT

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

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.”

APPELLATE COURT HAS A DUTY TO EXAMINE THE TOTALITY OF EVIDENCE

Nevertheless, the court, especially the appellate court, has a duty to examine the totality of the evidence tendered before the trial court in order to be satisfied that what the parties had pleaded is in consonance with the evidence led at the trial.

— Wali JSC. Chime v Chime (2001) – SC 179/1991