ADETOUN OLADEJI (NIG.) LTD V NIGERIAN BREWERIES PLC
June 4, 2025CHIEF ADEFIOYE ADEDEJI V J.O. OLOSO & ANOR
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 18817
In the Supreme Court of Nigeria
Fri Jan 26, 2007
Suit Number: SC. 68/2002
CORAM
NIKI TOBI, JUSTICE, SUPREME COURT.
PARTIES
1. CO-OPERATIVE & COMMERCE BANK PLC 2. IKECHUKWU OJI UKPAGHARI . APPELLANTS
JONAH DAN OKORO EKPER RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
A dispute arose in the banker/customer relationship between the parties. It was over whether the title deed, in respect of a house owned by the respondent, deposited with the 1st respondent was mortgaged as security for a loan of N20, 000. The 1st appellant, claiming that the house was mortgaged as security for the loan, sold the house to the 2nd appellant. The respondent instituted the action to challenge the sale.
HELD
APPEAL DISMISSED
ISSUES
1. That the sole ground of Appeal contained in the notice of Appeal initiating the appeal does not arise from or relate to the judgment of the Court of Appeal, which is appealed against.
2. That this appeal which is predicated upon grounds of mixed law and facts was initiated without the leave either of the Court of Appeal or the Supreme Court contrary to the mandatory requirements of S.233(3) of the Constitution of the Federal Republic of Nigeria 1999.?
RATIONES DECIDENDI
DEFECTIVE/INCOMPENT GROUNDS OF APPEAL DEPRIVE THE APPEAL COURT OF ITS COMPETENCE TO HEAR THE APPEAL.
“I believe that once the grounds of appeal are defective and thereby incompetent, then one of the vital pre-conditions that must be met before we could entertain the appeal, as required by law, is missing” PER W. S. N. ONNOGHEN, JSC
A GROUND OF APPEAL THAT IS OF MIXED LAW AND FACT – LEAVE OF COURT MUST BE SOUGHT TO FILE SAME.
“There is yet another very strong rule in our law of grounds of appeal. It is this. Where a ground of appeal involves both ground of law and facts, it becomes hybrid and therefore branded as one of mixed law and fact. In such a situation that could be likened to a cocktail, it is the requirement of the law that leave must be sought. This is not to enable the court to apply a machete to remove the chaff from the grain, but to put it and the adverse party on notice that the ground is one of mixed grill, so to say. And it is good that the court and the adverse party know this early in the appellate litigation” PER W. S. N. ONNOGHEN, JSC
NOTICE OF APPEAL FILED WITHIN TIME BUT WITHOUT A VALID GROUND OF APPEAL IS INCOMPETENT.
“It is settled law that a Notice of Appeal filed within time but without any ground or valid ground of appeal is a worthless piece of paper being grossly incompetent and liable to be struck out. In the instant case I hold that the sole ground of appeal contained in the notice of appeal is incompetent and therefore liable to be struck out. I hold the further view that it is settled law that you cannot put something on nothing and expect it to stand” PER W. S. N. ONNOGHEN, JSC
A GROUND OF APPEAL TO BE COMPETENT MUST HAVE ARISEN OUT OF THE DECISION COMPLAINED AGAINST.
“It is settled law that for grounds of appeal to be valid and competent, they must be related to the decision being appealed against and should constitute a challenge to the ratio of the decision on appeal. It is still good law that where a ground of appeal as formulated does not arise from the judgment and purports to raise and attack an issue not decided by the judgment appealed against as is evident in the instant appeal, the same becomes incompetent and liable to be struck out. The ground of appeal does not arise from the judgment of the court below neither can it be said that issue (a) as formulated is derivable from the said sole ground of appeal” PER W. S. N. ONNOGHEN, JSC
CASES CITED
Madukolu v. Nkemdilim
STATUTES REFERRED TO
None. ?
