Okoye Chukwudi J
HELD:
"The lower Court made an order of dismissal for the non-production of Exhibit P1 before it to decide the case of the parties before it "on the merit".
HELD:
"By Order 8 Rules 1, 2, 3, 4, 5 and 6 of the Court of Appeal Rules, 2011, the Registrar of the trial Court is mandated to compile and transmit the record of appeal within 60 days.
HELD:
"As His Lordship pointed out in the leading judgment, the record of appeal is presumed correct.
HELD:
"Where the Court is bereft of jurisdiction, the proper order to make is an order of striking out, not dismissal, the appeal having not been heard on the merits.
HELD:
"It has always been the settled position of the law that a Court is not entitled to speculate on matters not before it.
HELD:
"As rightly submitted by learned counsel for the appellant, the rules governing the compilation and transmission of records has evolved over the years.
HELD:
"It is settled law that an appeal is in the nature of a rehearing in respect of all the issues raised in respect of the case.
HELD:
"I will now consider the provisions of the Sections of the Constitution that this suit relates.
HELD:
"Earlier decisions of this Court also provide basis for the resolution of the 2nd issue for the determination of the merit of the instant claim.