Appeal Archives

On vagueness of ground of appeal and an argumentative ground

Ogbodu v. S.S.A.U.T.H.R.I.A.I. [2013] 3 NWLR (Pt. 1341) 261 at 278, paras. C-F, per Shoremi, JCA: “A ground which is vague or general in terms is not permissible. Vagueness of a ground may arise as it is in this instant case couched in a manner that does not provide any explicit standard for its being understood […]

stephenazubuike
October 25, 2016
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Case Law

On how to challenge decision of Court of Appeal dismissing a preliminary objection to the appeal before it

Kubor v. Dickson [2013] 4 NWLR (Pt. 1345) 534 at 564, paras. C-D, per Onnoghen, JSC: “…The proper thing to do in law, is not to raise the same preliminary objection before this court but to appeal by way of cross appeal against the above finding/holding by that Court as that is the only acceptable […]

stephenazubuike
October 25, 2016
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Case Law

The Appellant can sign Notice of Appeal.

Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 631, paras. H-C, per Jauro, JCA: “The requirement of the law is that a Notice of Appeal should be signed by the appellant or his legal practitioner…” Notes: See also USMAN v. RUWA (2017) LPELR-41990(CA). A Notice of Appeal is a very important document. It […]

stephenazubuike
October 25, 2016
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Case Law

Parties may be joined in a suit at any stage including the stage of execution

Mudasiru v. Onyearu [2013] 7 NWLR (Pt. 1354) 419 at 446, paras. F-H, per Danjuma, JCA: “Parties may be joined in a suit at any stage including the stage of execution. It is, therefore, not correct that after judgment, a party may not be joined. It can be done even during an appeal; that is why […]

stephenazubuike
October 25, 2016
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Case Law

On whether Supreme Court can hear an appeal emanating from an invalid judgment

C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 462, paras. B-C, per Ariwoola, JSC: “This court already decided that, where there is no valid judgment of the court below there cannot be an appeal. Once there is no longer time for the court below to exercise jurisdiction on a matter, there cannot be […]

stephenazubuike
October 25, 2016
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53 Views

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