SUPREME COURT & COURT OF APPEAL DECISIONS (13665)
Children categories
''One hastens to restate that a case is authority for what it actually decided. See Ibrahim V. JSC (1998) 14 NWLR (Pt. 584) 1 and Dangote v. C.S.C. Plateau State (2001) 9 NWLR (Pt 717) 132 at 155. For a previous decision of this Court to bind any court, the apex court not excepted, the facts and the law in the subsequent case must be the same or similar to those which informed the court's earlier decision.
An interested party is a person who is not a party in a suit or to the decision on appeal. Any person who has interest in a case but is not a party is an interested party. Green v. Green (1987) 2 NSCC P 1115,' Re:Madaki (1996) 7 NWLR (Pt. 459) P 153,' Chukwu v. INEC (2014) 10 NWLR(Pt.1415)P 385.
Assams & 2 ors vs Ararume & 3 ors [2015] 12 M. J. S. C [Po 172] Paras. A-B
Audi Alteram Partem means please hear the other side. Natural Justice demands that a party must be heard before the case against him is determined. Once a party can satisfy the court that his right to fair hearing was infringe, he is entitled to a remedy. Akeredolu v. Akinremi (1986) 2 NWLR (Pt. 25) P 71 0; Unongo v. Aku (1983) 2 SCNLRP 332.
Assams & 2 ors vs Ararume & 3 ors [2015] 12 M. J. S. C [Po 176] Paras. E-F
By the provisions of section 243(1) of the 1999 Constitution, any right of appeal to the Court of Appeal from the decisions of the Federal High Court or High Court conferred by this Constitution shall be-
- exercisable in the case of civil proceedings, at the instance of a party thereto, or with the leave of the Federal High Court or High Court or the Court of Appeal at the instance of any person having an interest in the matter.
Assams & 2 ors vs Ararume & 3 ors [2015] 12 M. J. S. C [Po 175] Paras. A-B
By virtue of the provisions of section 241 (1) of the 1999 Constitution, an appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following circumstances;
The well laid down position for the interpretation of the constitution is that, once the words used are clear and free from ambiguity they should be given their natural meaning without any embellishments. Provisions of the Constitution must always be interpreted to achieve the obvious ends for which the constitution was promulgated. Rabiu v. State (1981) 2 NCLR P. 293.
Assams & 2 ors vs Ararume & 3 ors [2015] 12 M. J. S. C [Pp. 173-174] Paras. G- A
Court rules are meant to guide the court in the conduct of its affairs. The filing of Notice of Appeal by intending Appellant has grown along with appellate courts practice whereby the intending Appellant is specifically requested by the Rules of the Court of Appeal to liaise with the court which handed down the decision he would want appeal against by putting that court on notice of his complaint against its decision.
A court of law will not allow the provisions of an enactment to be read in such a way to deny access to court by citizens. Thus, it is not the intention of the law to deny any litigant access to justice.
Once it is shown that the Appellant has paid the filing fees as assessed by the officer whose responsibility it is to do so, whether at the trial court or the Court of Appeal as the case may be., the appeal is, on the authorities, duly filed and same cannot be legally struck out.
Payment of inadequate filing fees can only make a process irregular and not capable of affecting the jurisdiction of the court. Onwuagbufor v. Okoye (1996) 1 NWLR (Pt. 424) 252; Akpajiv. Udemba (2009) 6NWLR (Pt. 1138) 545.
SPDC Ltd & 2 ors vs Agbara & 9 ors [2015] 12 M. J. S. C [Po 145] Para. A