CORAM

CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT

PARTIES

1. CHIEF N. P. UGBOAJA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondents (though substituted) sued the Appellant for title to land. The Appellant sought for adjournment when it came up for defence which was refused and the trial judge closed the Appellant’s defence and entered judgment in favour of the Respondent after address. An unsuccessful appeal to the Appeal Court led to this present appeal.

HELD

Appeal struck out. The Supreme Court held that the grounds of appeal are of mixed law and fact and thus require leave of Court to be competent.

ISSUES

1.   Whether the appellant appealed, on a final judgment or the appeal, is an interlocutory appeal. To determine the effect of such judgment, on the appellant.2.   Whether there is a misdirection of facts, and law, at the lower court leading to the lower court’s judgment, giving to the appellant, what the appellant did NOT ask for, from the lower court, and to pronounce, on the validity of the judgment of the lower court.

RATIONES DECIDENDI

APPEAL: MEANING OF QUESTION OF FACT

A “question of fact” also does not have one meaning as it may mean:-
(i) a question which is not determined by a rule of law;
(ii) any question except the question as to what the law is; and
any question that is to be answered by the jury rather than the Judge, is a question of fact. Per Onnoghen JSC

CASES CITED

Anoghalu v. Oraelosi (1999) 13 NWLR (Pt. 634) 297

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria, 1999

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