WHERE ERROR OF LAW BY TRIAL JUDGE, APPEAL COURT WILL REVERSE THE DECISION

A decision of a lower court on any point will be reversed by the appellate court where error of law committed by the lower court is fatal because it has occasioned a substantial miscarriage of justice.

– Adio, JSC. UBN v. Ozigi (1994)

Was this dictum helpful?

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.”

Was this dictum helpful?

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

Was this dictum helpful?

COURT CANNOT REVIVE AN INCOMPETENT APPEAL

The inherent jurisdiction to regulate proceedings in this court does not arise until there is a lis extant upon which the inherent jurisdiction operates. There is no provision either in the Constitution, the Court of Appeal Act or Court of Appeal Rules vesting this court with jurisdiction to validate by rectifying defects in appeals which are otherwise incompetent. There is no power in this court to entertain any application for or grant any relief in respect of a putative or incompetent appeal.

— Salami, JCA. Ifeajuna v. Ifeajuna (1998) – CA/E/181/97

Was this dictum helpful?

APPEAL: WHERE LEAVE IS REQUIRED BUT NOT OBTAINED, APPEAL IS INCOMPETENT

Consequently, in law an appeal which requires the prior leave of Court but was filed without the requisite leave of Court is wholly and completely incompetent. It would have no redeeming feature to be considered on the merit no matter how tempting the zeal to do substantial justice on the merit to the parties may be. See Sections 240; 243 (1), (2) and (4); 254C (5) and (6) 3(2) of the Constitution of Nigeria 1999 (as amended). See also Skye Bank v. Iwu (supra).

— B.A. Georgewill, JCA. University of Lagos v. Mbaso (2018) – CA/L/775/2016

Was this dictum helpful?

REQUIREMENTS TO SUCCEED IN AN APPEAL

In order to succeed in this appeal, the appellant must show that the decision of the lower Court affirming the judgment of the trial Court is perverse, either because the evaluation of evidence and findings of fact were not based on a proper and dispassionate appraisal of the evidence on record, or the trial Court did not make proper use of the opportunity of seeing and hearing the witnesses testify, or that the findings were reached as a result of a wrong application of substantive law or procedure, or that there was a miscarriage of justice manifest on the face of the record. See: Igbi Vs The State (2000) 3 NWLR (Pt. 648) 169; Shehu Vs The State (2010) 8 NWLR (Pt. 1195) 112; Itu Vs The State (2016) 5 NWLR (Pt. 1506) 443.

— Kekere-Ekun, JSC. Ogunleye Tobi v The State (2019) – SC.714/2017

APPEAL AGAINST THE WEIGHT OF EVIDENCE

Reach more audience. Place advert here.

Was this dictum helpful?

WHERE ERROR OF LAW BY TRIAL JUDGE, APPEAL COURT WILL REVERSE THE DECISION

Was this dictum helpful?

APPEAL STANDS OR FALL ON POINTS APPEALED AGAINST

Was this dictum helpful?

WHERE NO APPEAL, DECISION IS DEEMED ACCEPTED BY THE PARTY

Was this dictum helpful?

COURT CANNOT REVIVE AN INCOMPETENT APPEAL

Was this dictum helpful?

APPEAL: WHERE LEAVE IS REQUIRED BUT NOT OBTAINED, APPEAL IS INCOMPETENT

Was this dictum helpful?

REQUIREMENTS TO SUCCEED IN AN APPEAL

Was this dictum helpful?