ISAAC GAVOH & 3 ORS.V. JOHNSON AKWAI

CORAM

ABDU ABOKI (PJ)

HON. JUSTICE JAMES SHEHU ABIRIYI

PARTIES

ISA’AC GAVOHCLEMENT SHADISAMUEL SHADIGIDEON SHADI APPELLANTS

JOHNSON AKWAI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent brought a claim before the High Court of Taraba State, for declaration of title to land, perpetual injunction and other reliefs against the Defendant/Appellant. The Defendant/Appellant on the other hand counter claimed that they are entitled to the statutory right of occupancy to the land in dispute which is situate at Mayo Dasso and that the Plaintiff /Respondent is a trespasser amongst other reliefs. The Plaintiff/Respondent called four witnesses but the Defendant/Appellant did not call any witness. Judgment was however entered in favour of the Plaintiff/Respondent. Dissatisfied with the judgment of the trial court, the Defendant/Appellant filed an appeal which was subsequently amended. The court however struck out the appeal on the ground that the record of appeal is incomplete.

HELD

Appeal Struck Out

ISSUES

None

RATIONES DECIDENDI

RECORD OF APPEAL – WHETHER AN APPELLATE COURT CAN ADJUDICATE ON AN APPEAL ON INCOMPLETE RECORD OF APPEAL

“No Court is permitted to hear an appeal on incomplete record. This Court in the unreported judgment in Appeal No. CA/J/201/2016 in Okwara vs. Okwara delivered on 12th February, 2018 per Omoleye PJCA adroitly stated the position of the law thus:
“It is without equivocation that I reiterate again sequel to my above elucidation that, it is a legal sacrilege for an appellate court to adjudicate upon an appeal in the face of an incomplete record of appeal for such an appeal in that situation can best be described as inchoate…”
The Supreme Court per Tobi JSC in Okochi vs. Animkwoi (2003) 18 NWLR (Pt. 851) 1 stated thus:
“As appellate court hears an appeal on the records before it, it must ensure that records are complete as settled by the parties. An appellate court must be wary to hear an appeal on incomplete records and must not hear an appeal on incomplete records…”