Instant SSL

Okoye Chukwudi J

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.

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