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WHERE NO APPEAL AGAINST SPECIFIC FINDINGS, THOSE FINDINGS REMAIN UNASSAILABLE

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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

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WHERE NO APPEAL, DECISION IS DEEMED ACCEPTED BY THE PARTY

The settled position of the law applicable in the given circumstance is as straight forward as it comes and that is to the effect that a decision of Court against which no Appeal has been filed is deemed accepted by the party against whom the decision was entered and therefore binding. In the same token, the law is trite that a decision or conclusion or finding not appealed against is deemed correct and binding between the parties. See the cases of ODIASE v. AGHO and ORS (1972) 1 ALL NLR (Pt. 1) 170 AT 176; MELIFONWU v. EGBUJI (1982) 9 SC. 145 AT 165; BIARIKO v. EDEH-OGWUILE (2001) 12 NWLR (Pt. 726) 235; IYOHO v. EFFIONG (2007) 11 NWLR (Pt. 1044) 31; and S.P.D.C. v. X.M. FED. LTD (2006) 16 NWLR (Pt. 1004) 189 where the Supreme Court per ONNOGHEN, JSC had this to say on the subject: “It is settled law that a decision of a Court not Appealed against remains valid, subsisting, and binding between the parties and is presumed acceptable to the parties.”

— F.O. Oho, JCA. Nasiru v State (2016) – CA/S/78C/2015

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CONDITIONS TO BE SATISFIED BEFORE FRESH EVIDENCE CAN BE RECEIVED ON APPEAL

Finally My Lords, on this application, I wish to state that fresh evidence is not received as a matter of course. There are conditions which must co-exist before the court can grant this type of application as can be garnered from decided authorities of this court which include but not limited to Onwubuariri & ors v Igboasoyi & ors (2001) 3 NWLR (pt. 1234) and Adegbite v Amosun (2016) 5 NWLR (pt. 1536) 405 at 422, cases cited by the learned senior counsel for the 2nd Respondent. Simply put, the conditions are that: (1) the fresh evidence could not have been obtained with reasonable diligence at trial, (2) such evidence, if admitted would have important effect on the subject of the appeal, (3) such evidence, ex-facie, is 43 apparently capable of being believed, (4) such evidence would have influenced the judgment of the lower court in favour of the appellants, had it been available and (5) and if such evidence is admitted, further evidences from the opposing party will not be needed.

— I. Okoro JSC. Atiku, PDP v. INEC, Tinubu, APC (SC/CV/935/2023, 26th day of October, 2023)

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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

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RESPONDENT CANNOT COUCH ISSUE OUTSIDE APPELLANT’S GROUNDS OF APPEAL

Be that as it may, it would therefore not be necessary to go into the second issue formulated for determination in this notice of objection. But I will like to comment and emphasize that a Respondent is not permitted to couch any issue outside the perimeters of the Appellant’s grounds of appeal unless such a Respondent has filed a Respondent’s notice or Cross-Appeal. And where an issue for determination is not related to the grounds of appeal it would be incompetent and it ought to be struck out. See:- Falola v. UBN (2005) 7 NWLR Part 924 Page 405 at 424.

— J.O. Bada, JCA. Conoil v Vitol (2011) – CA/A/213/2010

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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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WHERE APPEAL COURT MAY INTERFERE IN THE DECISION OF THE LOWER COURT

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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