Legalpedia Citation: (2014) Legalpedia (CA) 10571
In the Court of Appeal
Thu Mar 27, 2014
Suit Number: CA/IL/61/2013
CORAM
PARTIES
1. ALH BAA
2. MR SUNDAY EDWARD
APPELLANTS
ALHAJA SIFAWU DANGANA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff, now Respondent, filed an action at the upper Area Court claiming some reliefs against the Defendants, now Appellants, over a land dispute. The Appellants raised a preliminary objection challenging the Respondent’s locus- standi to institute the action. The preliminary objection was overruled and judgment was entered for the Plaintiff/Respondent. The lower Court heard the appeal and delivered its judgment wherein the appeal was dismissed. The Plaintiff now Appellants have appealed to this court.
HELD
Appeal Dismissed
ISSUES
The competence of the notice of appeal
RATIONES DECIDENDI
NOTICE OF APPEAL-IMPORTANCE OF-DEFECTIVE NOTICE OF APPEAL-HOW TREATED
“The notice of appeal is the most crucial document in every appeal, being the initiation process. It is the very foundation of an appeal. It is a condition precedent to effectively appeal against any appealable decision. If therefore a notice of appeal is defective, then the Court of Appeal shall lack the legal competence to entertain the appeal. It will be left with no option than to strike out the “appeal.” PER MUKHTAR JCA
NOTICE OF APPEAL -EFFECT OF AN INCOMPETENT NOTICE OF APPEAL
“Once found incompetent the jurisdiction of the appellate Court is eroded. There will be no appeal for the appellate Court to determine, the only power the appellate Court can exercise will be to make an order striking out the Appeal”. PER ONYEMENAM JCA
NOTICE OF APPEAL-STATUTORY PERIOD FOR FILING SAME-FAILURE TO FILE WITHIN THE STATUTORY PERIOD-EFFECT OF
“Section 24(2) (a) of the Court of Appeal Act is very clear on the time line of 3 months for an intending appellant to file a notice of appeal from the decision of any court from which an appeal lies to this court. Failure to do so renders the purported notice of appeal incompetent and therefore void. Such notice of appeal is as good as never filed. Where a notice of appeal is incompetent, the record, the briefs and entire proceedings conducted will be null and void, meaning there is no pending appeal de jure. PER MUKHTAR JCA
NOTICE OF APPEAL-NATURE OF
“A Notice of Appeal is the initiating process in an appeal and it constitutes the foundation on which the appeal itself can stand. Once the Notice of Appeal is defective, the whole appeal will have nothing to stand upon and will surely collapse. PER AKEJU JCA
CASES CITED
Aderibigbe vs. Abioye (2009) LPELR – 140 (SC)Anadi V. Okoti (1972) 7 SC 57C.B.N. V. Okojie (2004) 10 NWLR (Pt. 882) 488;Ebokan vs. Ekwenibe & Sons Trading Co. Ltd (1999) 7 SCNJ 77Ejiogu v Irona (2009) 4 NWLR (Pt.1132) 513 at 569First Bank of Nigeria PLC V. T.S.A. Industries Ltd (2010) LPELR – 1283 (SC);Oketie vs. Olugbor (1995) 5 SCNJ 217;Thor Ltd vs. First City Monument Bank Ltd (2002) 2 SCNJ 85;
STATUTES REFERRED TO
Court of Appeal Act