CORAM
MADARIKAN,JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
IRENUMA ODIASESIMEON EGBON (For and on behalf of members of Ward 43B Evbotubu, Iguadaiyi and other villages.) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant is appealing against the decision of the trial court which dismissed the action on ground of : non- joinder of a necessary of party to the suit, the third defendant in the suit was not properly sued and that no question of law was left to be decided in the matter.
HELD
An appellate court has power to take issues suo motu , and a respondent will not be allowed to argue ground of appeal that he had abandoned for good reasons after the appellant has answered his argument the proper order to grant in the circumstances of this appeal is to substitute the order of dismissal with order of striking out.
ISSUES
That the decision is against the weight of evidence
RATIONES DECIDENDI
PRESUMPTION OF REGULARILTY
When a judgment is delivered in a lower court, here the High Court, it is presumed on appeal to be correct until the contrary is shown. Per Lewis JSC
CASES CITED
Wilson v. United Counties Bank Ltd. (1920) AC 102
STATUTES REFERRED TO
None.