CORAM

PARTIES

FUNDUK ENGINEERING  APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

In his judgment. which was given on the 14th day of July, 1988 against the defendants/respondents, the learned trial Judge Ibidapo-Obe, J made a remark which the applicant/respondent was neither a party nor a witness in the case before the High Court. In November, 1988 he came to know of the remark made by the learned judge. Feeling aggrieved the applicant/respondent brought a motion on notice in the Court of Appeal, against the remark. ?

HELD

The court held that this appeal has merit and it succeeds. The plaintiff/appellant was awarded N1.000.00 costs against the applicant/respondent. I make no order as to costs against the 3rd, 4th and 5th respondents. ?

ISSUES

“Whether or not the Court of Appeal was right in granting the 6th respondents application for leave to appeal when there was no prayer for extension of time within which to appeal.” ?

RATIONES DECIDENDI

WHO CAN APPEAL

By the provisions of section 222 of the Constitution of the Federal Republic of Nigeria, Cap. 62 of the Laws of the Federation of Nigeria, 1990, only a party to civil proceedings can appeal to the Court of Appeal without any inhibition on his capacity to do so. Any other person who has interest in a case but is not a party to the case, cannot appeal in the proceedings, until he obtains the leave of either the High Court from which the case is being appealed or the Court of Appeal to which the Appeal is to be brought. Per UWAIS, CJN

CASES CITED

Iroegbu v. Okwordu (1990) 6 NWLR (Pt. 159) 643 and Odofin v. Agu (1992) 3 NWLR (Pt.229) 350: (1992) 3 SCNJ 161.

STATUTES REFERRED TO

None.

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