UNION BANK OF NIGERIA PLC & ANOR V AYODARE & SONS (NIG.) LTD
June 4, 2025HON. MICHAEL DAPIANLONG & ORS VCHIEF (DR) JOSHUA CHIBI DARIYE & ANOR
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 12129
In the Supreme Court of Nigeria
Fri Apr 27, 2007
Suit Number: SC. 297/2002
CORAM
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
KALGO
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
KALGO
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED, (Lead Judgment,) JUSTICE, SUPREME COURT
KALGO
PARTIES
EMEKA NWANA APPELLANTS
FEDERAL CAPITAL DEVELOPMENT AUTHORITY
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant contended that he was wrongfully terminated from his employment as Principal Administrative Officer in the employ of the respondent. The trial Court failed to forward the exhibits admitted in evidence along with the Record and the Court of Appeal proceeded to determine the appeal on an incomplete record of Appeal based on a lone issue it raised suo motu. ?
HELD
The Supreme Court held that Appeal Court’s decision based on an incomplete record of proceedings is invalid. The case was remitted back to the Court of Appeal to be heard de novo on the complete record of appeal.
ISSUES
“1. Whether it is correct for the Court of Appeal to decide a case which was essentially documentary without seeing the exhibits (relates to ground 1)2. Whether the Court of Appeal was right to have formulated an issue for determination and base it’s decision on the issue when it does not arise from the grounds of appeal filed by the appellant (relates to ground 2) 3. Whether the Court of Appeal was right to have speculated on character and content of exhibits which were not place before it, especially “H” (relate to grounds 3, 4, and 5).4. Whether the Court of Appeal was right when it held that the Appellant’s appointment is not the type that enjoys statutory flavour, (relates to ground 6)”
RATIONES DECIDENDI
APPEALS – AN APPELLANT IS DUTY BOUND TO LAY BEFORE THE COURT ALL THE MATERIALS RELEVANT TO HIS CASE.
“It is trite that an appellant ought to prosecute his case diligently. In this regard he is obliged to place, before the Court all the relevant materials on the issue he has called upon the Court to consider and determine upon and that is even more so in matters of appeal as here” PER CHUKWUMA ENEH, J.S.C
COURTS HAVE POWER TO RAISE ISSUES SUO MOTU – PARTIES SHOULD BE GIVEN THE OPPORTUNITY TO ADDRESS THE COURT ON THE SAID ISSUE
“Much as the lower Court has the power to raise an issue suo motu because the issue is material and would otherwise determine the appeal the question is whether it could also proceed to predicate its judgment upon it without first giving the parties the benefit to address it on the said issue” PER CHUKWUMA ENEH, J.S.C
ISSUES RAISED IN AN APPEAL MUST BE BASED ON THE GROUNDS OF APPEAL.
“It is well settled that issues for determination in an appeal must come within the compass of the grounds of appeal. This point has been decided by this Court in very many cases” PER CHUKWUMA ENEH, J.S.C
A DECISION WHICH HAS OCCASIONED MISCARRIAGE OF JUSTICE IS LIABLE TO BE SET ASIDE NO MATTER HOW WELL DECIDED.
“The respondent has remonstrated in his brief that since the course taken by the lower Court has not occasioned a miscarriage of justice that the appellant should not be allowed to resile from the admission of his gross misconduct and so upturn a good decision on mere technicality. This submission with respect, has overlooked the principle that where a case as here has occasioned a miscarriage of justice which profoundly I so hold, it is liable to be set aside however well decided” PER CHUKWUMA ENEH, J.S.C
ON SCOPE AND MEANING OF THE “SLIP RULE”
“A slip under the banner of “Slip Rule” connotes accidental slip or omission as clerical mistakes in a judgment or Order and capable of being amended even at times without notice to the other party” PER CHUKWUMA ENEH, J.S.C
CASES CITED
None.
STATUTES REFERRED TO
None.
