CORAM

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A.B. WALI, JUSTICE SUPREME COURT

I.L. KUTIGI, JUSTICE SUPREME COURT

S.U. ONU, JUSTICE SUPREME COURT

O. ACHIKE, JUSTICE SUPREME COURT

E.O. AYOOLA, JUSTICE SUPREME COURT

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PARTIES

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1. FRANCIS SHANU

2. NIGERIA WOLF ORGANISATION LIMITED

APPELLANTS 

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AFRIBANK NIGERIA PLC

RESPONDENTS 

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AREA(S) OF LAW

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PRACTICE AND PROCEDURE – LEAVE TO APPEAL – GROUND OF LAW

 

 

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SUMMARY OF FACTS

In the High Court the respondents, as plaintiffs, claimed against the applicant and another the sum of N50 million. The action was commenced by writ issued on 11th August, 1983 in the Benin Judicial Division of the High Court of what was then Bendel State. It came for trial before Obi, J., who was then a judge of the High Court of Bendel State. Obi, J., commenced hearing of the action and, indeed, took evidence of the parties and their witnesses, whereon the parties closed their respective cases. Before Obi, J., could hear addresses of counsel and deliver judgment in the case, creation of States intervened, whereby Bendel State was split into Edo and Delta States. Consequently, Obi, J., was appointed a judge of Delta State and ceased to function as a judge of Edo State which had jurisdiction over the matter. The hearing

 

 

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HELD

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That the reason given for failure to appeal from that decision within the prescribed period is good, substantial and acceptable.

 

 

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ISSUES

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Whether the ground of appeal as originally raised by the notice of appeal and the proposed amendment involve a question of law alone

 

 

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RATIONES DECIDENDI

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GROUND OF LAW, FACTS AND MIXED LAW AND FACTS

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Where the ground of appeal complains that the tribunal has failed to fulfill an obligation cast upon it by law in the process of coming to decision in the case, such a ground would involve a question of law, namely: whether or not there is such an obligation or whether what the tribunal did amounted to an infraction in law of such obligation, provided that all the facts needed are there on the record and are beyond controversy. -Per Emmanuel Olayinka Ayoola, JSC

 

 

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GROUND OF LAW, FACTS AND MIXED LAW AND FACTS

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A ground of appeal involves a question of law alone where in answering the question raised by the ground of appeal the appellate tribunal can determine the issue on the admitted or uncontroversial facts without going beyond a direct application of legal principles. Where it is contended by the other party that the principle of law on which the complaint is based is non-existent or misconceived, that goes to the merit of the complaint and not to the threshold question as to whether or not the question involved is one of law.-Per Emmanuel Olayinka Ayoola, JSC

 

 

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COURT’S DISCRETION TO GRANT LEAVE TO AMEND

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The discretion to grant leave to a party to amend his ground of appeal is liberally exercised in so far as an amendment can be made without injustice to the other party and is not belated as to cause undue delay in the proceedings.-Per Emmanuel Olayinka Ayoola, JSC

 

 

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CASES CITED

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1. Doherty v. Doherty (1964) 1 All NLR 299

2. Bowaje v. Adediwura (1976) 6 SC 143

 

 

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STATUTES REFERRED TO

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NONE

 

 

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