Appeals (2099)
HELD:
"Where leave to appeal as in this case is a condition precedent or it is required, failure to seek such leave robs the Court of Jurisdiction to adjudicate on the matter.
HELD:
"In this type of application, the appropriate Rule of Court is Order 6 Rule 9 (2) of the Court of Appeal Rules 2021, which provides thus:-
HELD:
"It seems to be settled law that an objection to a ground of appeal or an issue for determination cannot merely be argued under an issue distilled for determination in the appeal.
HELD:
"...The learned trial Judge overlooked this vital omission in the case of the Appellants, thereby rendering his decision on the Appellants' traditional history perverse.
HELD:
"It is obvious that the two issues settled for determination in this cross-appeal are unnecessary, unwarranted and a gross abuse of Court process.
HELD:
"The onus is on an appellant to satisfy the appellate Court that the decision on appeal is wrong.
HELD:
"The primary duty of the Judge at nisi prius is perception of evidence, evaluation of evidence and ascription of probative value thereto by making the requisite findings of facts which entails both perception and evaluation.
HELD:
"The Respondents are right.