Items filtered by date: Friday, 24 March 2023
GROUND(S) OF APPEAL - Essence/objective of a ground of appeal
HELD:
"The law is trite that the ground of appeal is the foundation of every appeal as it constitutes an Appellant's complaint against the judgment appealed against.
ADDUCING FRESH/ADDITIONAL/FURTHER EVIDENCE ON APPEAL - Whether fresh evidence can be adduced on appeal without leave of Court first sought and obtained
HELD:
"...In my view, the Appellant is surreptitiously trying to use the institution of this Court to adduce further evidence on appeal.
NATURE OF APPEAL - Nature of an appeal
HELD:
"An appeal is a reflective medium for challenging a judicial decision where no party, including the appellate Court is taken by surprise.
CONSISTENCY IN PRESENTATION OF A CASE - Whether a party must be consistent in the presentation of his case
HELD:
"The law is trite that a party must be consistent in the presentation of his case.
APPEAL TO THE SUPREME COURT - Whether the Supreme Court has jurisdiction to hear appeals directly from decisions of trial Courts
HELD:
GROUND(S) OF APPEAL - Whether a ground of appeal must be related to the ratio decidendi of the judgment appealed against; exception thereto
HELD:
"The grounds of appeal as encapsulated in the Appellant's notice of appeal must be targeted at the ratio decidendi of the judgment being appealed against.
JURISDICTION OF THE SUPREME COURT - How is the appellate jurisdiction of the Supreme Court invoked
HELD:
"It is elementary to state that the appellate jurisdiction of this Court is provided for under Section 233 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
