OGBEIDE AIKHIONBARE OHEN-ERIARIA OF EVBORIARA V. UYIEKPEN OMOREGIE ENOGIE
August 6, 2025ROYAL EXCHANGE ASSURANCE V. BENTWORTH FINANCE (NIG.) LTD
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 19715
In the Supreme Court of Nigeria
Fri Dec 10, 1976
Suit Number: SC. 425/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
ADDIS ABABA SULE SUBAJO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
There was a dispute as to the owner of a parcel of land. The trial Court found in favour of the Respondents and the Appellants appealed to the Supreme Court. The Appellants filed their appeal but the Learned counsel submitted that there was no appeal properly before the Supreme Court because the bond executed by the appellants on the direction of the Registrar of the trial court and filed in connection with the appeal and the Notice of appeal were defective.
HELD
The Supreme Court held that there was no appeal properly before the Court as the defects to the Notice of Appeal are so fundamentally incurable that the only reasonable conclusion is that the appeal is incompetent. The Court struck out the appeal based on the incompetence.
ISSUES
Whether the court should consider the defects complained of as curable irregularities amounting to non-compliance with the rules of the court
RATIONES DECIDENDI
NOTICE OF APPEAL
“In the circumstances, it is quite plain that as an appeal can only be initiated by the filing of appropriate Notice of Appeal as prescribed under Order VII Rule 2 of the Rules of this court, and, since in the present appeal, there has been filed in the court below by the appellants no proper Notice of Appeal in terms of Order VII Rule 2, we hold, to continue the architectural metaphor already employed elsewhere by us in this ruling, that this appeal like a wooden structure has not got off the ground at all. It has defied all attempts to have it erected. There is therefore no peg upon which to hang Order IX Rule 28 because before consideration can be given to the application of that Rule, there must be an appeal properly so-called pending before the court. At present there is no appeal properly before this court.” Per SIR UDO UDOMA, JSC
CASES CITED
Adeshina Moses and Anor v. Saibu Ogunlabi
STATUTES REFERRED TO
NIL
