Legalpedia Citation: (2022-06) Legalpedia 63680 (CA)

In the Court of Appeal

HOLDEN AT YOLA

Wed Jun 8, 2022

Suit Number: CA/YL/84/2020

CORAM

FATIMA OMORO AKINBAMI

JAMILU YAMMAMA TUKUR

MOHAMMED LAWAL ABUBAKAR

PARTIES

ABUBAKAR MOHAMMED

APPELLANTS

NURU LAWAL

RESPONDENTS

AREA(S) OF LAW

APPEAL, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The Applicant herein has filed via a Motion on Notice for an order of the Court granting leave to file fresh issues not raised at the lower court and order of the Court to amend its notice of Appeal so as to incorporate the fresh issues raised not raised at the lower Court. The grounds for filing the application was that certain grounds within the substantial grounds of appeal, borders on fresh issues not initially raised at the lower court, that the aforesaid fresh issues will better place the grievances of the Appellant before this Court amongst others. The Respondent in opposing the application argued that this Court lacks jurisdiction to hear the present application as the amendment sought to be introduced did not arise from the decision of the High Court which sat as appellate Court over the matter, but arose from the judgment of the Upper Area Court (trial court), which is not the subject of appeal before this Court.

HELD

Appeal Dismissed

ISSUES

Not Available

RATIONES DECIDENDI

FRESH ISSUE ON APPEAL- PRINCIPLE OF LAW IN RAISING FRESH ISSUES ON APPEAL

“The general principle of law applicable to raising fresh issues on appeal is to the effect that appeals being generally a re-hearing of the suit, parties are bound by their case at trial and will not be allowed to present a new case or issues before an appellate Court except for cogent reasons justifying such an action. The Supreme Court in the case of Christopher Obueke & Ors v. N.N. Nnamchi & Ors (2012) 12 NWLR (pt. 1314) 327 put it thus:

” It’s to be noted that it is a well-grounded principle of law that an appeal is not a novel or new process that can take off on its own. Rather, it is a continuation of the suit at the lower court and no party or even a court can get away from the action to commence a completely new thing on appeal.’’

PER J.Y TUKUR, J.C.A

FRESH ISSUE ON APPEAL – CONSIDERATIONS FOR THE GRANT OF LEAVE TO RAISE FRESH ISSUE ON APPEAL

“The law is fairly settled on the parameters that must be met in order to warrant the grant of leave to an Appellant to raise fresh issues on appeal. That is:

1. The fresh issue sought to be raised on appeal involves a substantial point of law.

2. All the facts in support of such fresh issue or question shall be before the Court in the record of appeal; and

3. No further evidence is required.

In addition to the above factors is the underlining fact that an appellate Court will grant leave to raise and argue fresh issues where it considers that granting such leave will aid in reaching substantial justice between the parties and refuse same where the grant of leave will occasion miscarriage of justice. See Corporate Ideals Ins. Ltd v. Ajaokuta Steel Co. Ltd (2014) 165 AT 188. PER EKO, J.S.C. (para. 13); Union Bank of Nigeria Plc V. Chief Oludotun Olajide Koleoso (2017) LPELR-CA/L/227/2008; and GTB VS Innoson Nigeria Ltd (2017) LPELR-SC.694/2014.” PER. J.Y TUKUR, J.C.A

CASES CITED

Not Available

STATUTES REFERRED TO

Court of Appeal Rules 2021

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