Legalpedia Citation: (2009) Legalpedia (SC) 35911
In the Supreme Court of Nigeria
Fri Apr 24, 2009
Suit Number: SC. 236/2002
CORAM
BODE RHODES-VIVOUR JUSTICE SUPREME COURT
BODE RHODES-VIVOUR JUSTICE, SUPREME COURT
PARTIES
1.J. A. ADERIBIGBE
2.ALHAJI GANIYU SANNI (DECEASED)
APPELLANTS
TIAMIYU ABIDOYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
the respondent as plaintiff sued the appellant claiming damages for trespass. The trial court dismissed the claim in its entirety. The Court of Appeal on appeal allowed the appeal on the ground of jurisdiction. The appellant has appealed
HELD
Appeal allowed; decision of the court below was set aside because it was wrong for the Court of Appeal to have considered the argument on additional grounds having held that the original notice of appeal was defective.
ISSUES
1. “Whether the Court of Appeal was not wrong in considering the argument Based upon additional ground 8 of the respondent’s grounds of appeal when there was no valid notice of appeal before the court upon which the purported additional ground 8 could have been predicated and more so, when the said additional ground 8 was not filed in accordance with well established principles of law and the rules of court.?
2. Whether the Court of Appeal was right in the manner it misconstrued and misapplied the provisions of section 17(1) of the High Court Law, Cap 49, Laws of N. N. 1963 and section 41 (2) and (3) of the Land Tenure Law, Cap 59, Laws of N. N. 1963 when there was no ground of appeal challenging the trial court’s finding on the matter and there were insufficient materials on record to sustain the application of the provisions of the laws aforesaid to the case.?”
RATIONES DECIDENDI
BARE NOTICE OF APPEAL
The act of striking out the incompetent grounds of appeal rendered the notice of appeal to be bare. And, it is the law that a bare notice of appeal is valueless and incompetent. Per Muhammad, JSC
WHERE THE NOTICE OF APPEAL IS DEFECTIVE
Where the Notice of Appeal is defective, no proper appeal can stand. It will certainly collapse. Per Niki Tobi, JSC
A NOTICE OF APPEAL WHICH CARRIES NO GROUND OF APPEAL IS INVALID
A Notice of Appeal which carries no valid ground of appeal cannot be valid and is incapable of activating the jurisdiction of the Court of Appeal. Per Oguntade, JSC
CASES CITED
1. Akibu & ors. v. Oduntan & Ors. (2000) 7 SCNJ 189;
2. Sparkling Breweries Ltd. & ors v. Union Bank of Nig. Ltd. (2001) 7 SCNJ 321;
3. Cornelius Ltd. & Ors. v. Ezenwa (1996)
4 SCNJ 123;
4. Nkedo & Ors. v. Obi eno & Anor (1997) 5 SCNJ 33.
STATUTES REFERRED TO
1999 Constitution