Free Summaries

APPEAL NO: CA/J/84/2002

AREAS OF LAW: APPEAL, COMPANY LAW, COURT, LAW OF CONTRACT, PRACTICE AND PROCEDURE

SUMMARY OF FACT:

By a writ of summons, the Plaintiff/Respondent claimed against the Defendant/Appellant the following reliefs, among others: Specific performance for the payment to the Respondent, the total sum of N13, 478,531.78k, as agreed in a contract dated 15^th September. 1998; 21% interest annually, thereon from the 30th of July 1998 till judgment; 10% interest monthly from judgment till it is fully liquidated. The Appellant entered appearance, and parties after exchange of pleadings joined issued and the matter went into trial. Counsels addressed court and in a considered judgment, judgment was entered for the Respondent for specific performance as claimed, 10% interest on the Judgment debt from date of Judgment till liquidation of same, N10.000 general damages and N2.000 as costs. The Appellant being dissatisfied with the judgment of the trial court filed an appeal before this court.

HELD:

Appeal Dismissed

ISSUE FOR DETERMINATION:

None

RATIONES:

APPEAL, PRACTICE AND PROCEDURE

GROUNDS OF APPEAL- REQUIREMENT FOR ARGUING GROUNDS THAT ARE NOT RELATED TO THE DECISION APPEALED AGAINST

“All the three grounds in the original notice of appeal are based on fresh issues not covered by the appellant’s/defendant’s pleadings and evidence adduced before the lower court. Like pleadings, parties are bound by their grounds of appeal and cannot be heard arguing grounds which are not related to the decision appealed against – Saraki Vs. Kotoye 1992 9 NWLR Part 264 156. To raise them in this appeal, the appellant must first obtain the leave of this court. Akintaro Vs. Eegungbohun 2007 9 NWLR (part 1038) 103 and Elugbe Vs. Omokhale 2004 18 NWLR (Part 905) 319.” PER Z. A. BULKACHUWA. J.C.A.

APPEAL, PRACTICE AND PROCEDURE

GROUND OF APPEAL – WHETHER AN APPELLANT CAN RAISE QUESTIONS WHICH WERE NOT TRIED AND CONSIDERED IN THE TRIAL COURT

“It is the law, that an appellant will not be allowed to raise on appeal a question which were not raised, tried and considered in the court below, and it is clear that no further evidence can be adduced which will affect the decision. See Bankole Vs. Pelu. 1991 8 NWLR (Part 211) 523; Okonkwo Vs. Ogbogu 1996 5 NWLR (Part 449) 420; Koya Vs. U.B.A. Ltd. 1997 1 NWLR (Part 481) 251; Owie Vs. Ighiwi 2005 5 NWLR (part 917) 184.” PER Z. A. BULKACHUWA. J.C.A.

STATUTE REFERRED TO:

Companies and Allied Matters Act Cap 59 Laws of the Federation 1990.