CHIEF L.L.B. OGOLO V JOSEPH T. OGOLO LER (2006) SC 46/2002
June 6, 2025CHIEF L.L.B. OGOLO VS JOSEPH T. OGOLO
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 13687
In the Supreme Court of Nigeria
Fri Feb 17, 2006
Suit Number: SC. 59/2002
CORAM
ALOYSIOUS IYORGYER KATSINA-ALU, JUSTICE, SUPREME COURT
PARTIES
BHOJSONS PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant contended that it had a lease from the defendant for 30 (thirty) years as against the 1 (one) year tenancy claimed by the respondent and that the execution of judgement levied against it was wrongful, illegal and therefore null and void.
HELD
The Court held that since the appellants did not appeal against the non-award of damages to it by the trial court, the court of appeal could not have entertained such an issue.
ISSUES
1. Whether the lower court was right in declining to assess and award damages to the appellant.
2. Whether there exists on the record of the lower court enough evidence on which an assessment of special and General Damages could be in favour of the appellant.”
RATIONES DECIDENDI
NEED TO OBTAIN LEAVE TO APPEAL ON GROUNDS OF ERROR OF LAW OR FACT
It is true and well settled that the Court of Appeal is only entitled to consider an appeal on the grounds of error of law or fact committed by the trial court placed before the Court of Appeal in grounds of appeal filed. An appellant cannot without leave of court be heard on any others grounds.
GROUNDS OF APPEAL MUST COMPLAIN OF INADEQUACIES OF FINDINGS OF THE LOWER COURT
It is also a cardinal principle of law in courts exercising appellate jurisdiction that before the findings or decisions of a trial court can be contested at all, there must be a ground of appeal complaining of the inadequacies in the findings or decisions.
CASES CITED
1. Adeniji V. Adeniji (1972) 1 All NLR (Pt.1) 278
2. Adeyemi & Anor. V. Olakunri & Ors. (1999) 12 SCNJ 224
3. Adeyemi V. Olakunri (1999) 14 NWLR (pt. 638) 204
4. Aermachi S.P.A. V. A.I.C. Ltd (1986) 2 NWLR (pt.23) 443
STATUTES REFERRED TO
1. Evidence Act, Cap 112, Laws of the Federation Of Nigeria, 1990
2. Sheriffs & Civil Process Act, Cap 407, Laws Of The Federation Of Nigeria, 1990
