Appeal Archives

SUPREME COURT LIKENS COUNSEL WHO FILED FRIVOLOUS APPEAL TO A FRENCH BOURBON

In recent times, the Supreme Court of Nigeria has been lamenting against the filing of frivolous appeals especially by counsel whose skins are craving the feel of the highly coveted silky gowns. In demonstrating its displeasure, we have seen the apex Court awarding high costs against offending counsel. Frivolous appeals are mostly appeals touching on […]

stephenazubuike
September 25, 2020
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Case Law

N2.5B JUDGMENT DEBT: HOW STANBIC IBTC BANK CAME UNDER THE KNIFE OF OUR TECHNICAL RULES

In the determination of rights and liabilities of persons under the Nigerian justice system, the primary duty of the courts is the application of law to facts to arrive at a conclusion. To achieve this, there are other rules of procedures (forming the whole body of procedural law) that assist the courts in entertaining and […]

stephenazubuike
March 22, 2020
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26 Views

Case Law

Can “Persons Unknown” maintain an action in Court?

Background. In law, a named person has the right to sue unknown and unnamed person(s). For instance, where unknown and unidentified persons are in unauthorised occupation/possession of property as squatters, the owner of property has the right to evict them even without recourse to court. However, considering the possibility of a violent altercation occurring, the […]

stephenazubuike
October 17, 2019
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withdrawal for purpose of amicable settlement

Case Law

It is risky to withdraw a case for the sake of exploring amicable settlement.

Introduction Exploring amicable resolution of disputes has remained one of the most desirable steps to take whenever dispute arises. In fact, approaching the court by way of filing a suit ought to be the last option especially in civil cases, particularly commercial disputes. It is in recognition of this fact that many contract documents include […]

stephenazubuike
October 5, 2019
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47 Views

Case Law

Inadvertence of counsel is a question of fact.

NNPC v. Samfadek & Sons Ltd. [2018] 7 NWLR (Pt. 1617) 1 at 10-11, paras. H-C, per Eko JSC: “Where there has been a failure of strategy or tactic on the part of the counsel, as in the instant case, the litigant, his client, cannot escape such blunders committed by his counsel; for if the […]

stephenazubuike
May 24, 2018
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35 Views

Case Law

An appeal based on what a lower court did not decide is liable to be dismissed.

Otemolu v. Makarfi [2018] 5 NWLR (Pt. 1611) 150 at 157-158, paras. G-F, per Ariwoola, JSC: “It must however be noted and categorically stated loud and clear that the Court below in it’s Judgment being appealed did not nullify any primary election conducted by the Appellant herein or by any other person or body […]

stephenazubuike
April 2, 2018
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30 Views

Case Law

Can the payment of insufficient filing fees rob the court of jurisdiction?

SPDCN Ltd v. Agbara [2016] 2 NWLR (Pt. 1496) 353 at 407, paras. A-C, per Muhammad, JSC: “The law has for long been settled that payment of inadequate filing fees can only make a process irregular and not capable of affecting the jurisdiction of the court.” Notes: The relevant facts of this case are […]

stephenazubuike
February 22, 2018
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65 Views

Irregular Notice of Appeal is incompetent

Case Law

A notice of appeal filed out of time is incompetent and cannot be cured by amendment.

Petgas Resources Ltd. v. Mbanefo [2018] 1 NWLR (Pt. 1601) 442 at 470, paras. F-G, per Kekere-Ekun JSC: “In the absence of an application for enlargement of time, a notice of appeal filed out of time has no foundation. It is liable to collapse and nothing, such as an amendment of the incompetent process, […]

stephenazubuike
February 16, 2018
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61 Views

Single notice of appeal on multiple decisions

Case Law

A single notice of appeal can be used to challenge multiple decisions of a court in a case.

Uchiv v. Sabo [2016] 16 NWLR (Pt. 1538) 264 at 295 paras. B-G, per Georgewill, JCA: “It is thus the law that a party aggrieved with both decisions of a court at an interlocutory stage and the final determination of a case can conveniently and competently vide a single notice of appeal challenge both […]

stephenazubuike
February 6, 2018
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54 Views

Case Law

ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

Skye Bank Plc v. Iwu [2017] 16 NWLR (Pt. 1590) 24 at 105-106, paras. H-E, per Nweze, JSC: “In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court (National Industrial Court) to the lower court (Court of Appeal), that is, all decisions […]

stephenazubuike
November 24, 2017
0 Comments
63 Views

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