HON. JUSTICE M. B. GOJI V DAVID A. GARNVWA

CORAM

PARTIES

HON. JUSTICE M. B. GOJI APPELLANTS

DAVID A. GARNVWA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent/Applicant commenced an action for declaration of title against the Appellant/Respondent before the High Court of Justice, Adamawa State. Subsequently, the trial court, entered final Judgment against the Appellant/Respondent without allowing him open his defence, and the said Judgment was timeously appealed against to this court, but the record of appeal compiled and transmitted to this court by the Registrar of the trial court was not certified. The registry of the trial court acknowledged its mistake and consequently, recompiled, certified and transmitted to this Court a certified Record of Appeal. Thus, the Applicant has filed a motion on notice pursuant to Order 6 Rule 1, Order 7 Rule 6 and Order 8 Rule 9 of the Court of Appeal Rules 2016, before this court seeking for an order striking out the substantive Appeal number CA/YL/159/2017 between Hon. Justice M.B. Goji v.David A. Garnvwa on grounds of incompetence and lack of jurisdiction. The Applicant argued that the notice of Appeal complains only of the final decision of the trial court delivered on the 19th June, 2017, whilst grounds 1, 2 and 5 of the amended Notice of Appeal are complaints against interlocutory decision of the lower court which has been filed out of time but incorporated in the amended Notice of Appeal without an order for extension of time or the trinity prayers having been first granted by this Honourable Court.

HELD

Appeal Dismissed

ISSUES

None

RATIONES DECIDENDI

APPEAL AGAINST A FINAL JUDGMENT- WHETHER THE LEAVE OF COURT IS REQUIRED TO FILE AN APPEAL AGAINST A FINAL JUDGMENT

“From the amended Notice of Appeal which I reproduced above it is crystal clear from the opening paragraph, Grounds 1, 2 and 5 that the Appellant/Respondent intends to Appeal against the final Judgment of the Adamawa State High Court delivered on 19th June, 2017 and not interlocutory ruling/decision. In such circumstances the law is trite that he does not require any leave of this Court to Appeal against the final Judgment of the lower court. See Apara V. Ogunbona & Ors. (2018) LPELR – 46015(CA).”