Judgment and Order (536)
HELD:
"In the instant case, it is not controversial at all that leave was sought and granted on 07/3/2018, thereby enabling the Appellant to apply to appeal against the judgment of the Court below.
HELD:
"The Appellant further complained that the lower Court erred in law when it dismissed the action.
HELD:
"It should be noted that it is not every slip or error that is found in a judgment that will attract success to such an appeal.
HELD:
"...Although it may appear to be some sort of pre-judgment or premeditated conclusion, which ought not to have been done by the trial Judge, it has not occasioned a miscarriage of justice to the Appellant in any way.
HELD:
"In the case of YAHAYA Vs. THE STATE (2002) 3 NWLR (Pt. 751) 289, this Court aptly pointed out the pertinent distinction between two dissimilar terminologies "re-trial" and "fresh trial", inter alia:
HELD:
"A perverse decision or finding is an unreliable and unacceptable finding because it is wrong and completely outside the evidence before the trial Court.
HELD:
"Now, there are constituent parts in a Courts Judgment.
HELD:
"What then is the legal effect of the decision of the lower Court having been handed down after the ninety (90) day period stipulated in Section 294 (1) of the Constitution?
HELD:
"Two different tests have been propounded to determine whether a decision is final or interlocutory.
HELD:
"It is not every error that ruins a decision.