HEYDEN PETROLEUM LTD. v. PLANET MARITIME CO
April 11, 2025MR. AJALA ABBEY KALIO & ANOR v. MR. FUBARA CYRUS DAWARI & ORS
April 11, 2025Legalpedia Citation: (2018) Legalpedia (CA) 91811
In the Court of Appeal
HOLDEN AT PORTHARCOURT
Tue May 1, 2018
Suit Number: CA/PH/386/2014
CORAM
PARTIES
NNAMDI EZURUIKE APPELLANTS
7UP BOTTLING COMPANY PLC RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Claimant/Appellant’s sued the Defendant/Respondent who are manufacturers of 7up products at the High Court of Rivers State claiming damages on account of a contaminated 7up drink which he allegedly consumed and fell ill as a result and was thereafter hospitalized. In its considered judgment, the Court dismissed the suit of the Claimant/Appellant in its entirety. Aggrieved by the decision of the trial court, the Appellant appealed to the Court of Appeal.
HELD
Appeal Allowed
ISSUES
None
RATIONES DECIDENDI
RECORD OF APPEAL-EFFECT OF AN INCOMPLETE RECORD OF APPEAL IN RELATION TO THE APPEAL
“It is settled and quite trite that an incomplete record affects the competence of the appellate court to hear the appeal. This court has so re-stated this principle recently in Seplat Petroleum Development Co v. Brittania-U Nig. Ltd (2014) LPELR 23126 CA. Because the appellate court is obligated to look at and refer to the contents of the Records in consideration of the appeal before it, it has now become firmly settled that it is the duty of an appellate court not to hear an appeal on an incomplete Record”. See Ekpemupolo v. Edremoda (2009) 7 NWLR (Pt. 1142) 166 SC.”
APPEAL – APPEALS ARE NOT SOLELY DECIDE ON THE BRIEFS OF PARTIES
“At the pain of repetition, it has to be emphasized that an appellate court does not decide appeal solely on the briefs, but does also consider the briefs in conjunction with the material facts in the Records. To buttress this I recall the principle that an address of counsel, no matter its brilliance, cannot take the place of evidence, particularly where an appeal cannot be decided without the facts”. See Ayanwale v Odunsanmi (2012) All FWLR (Pt. 610) 1246.”
RECORD OF APPEAL-WHETHER PARTIES CAN GIVE CONSENT THAT AN APPEAL BE HEARD ON AN INCOMPLETE RECORD?
“I am aware of what Tobi, J.S.C said in Okochi v. Anumkwo (2003) 18 NWLR (Pt. 851) 1; that is, that where parties consent that an appeal be heard on an incomplete record they waive their right to insist that appeal must be heard on an incomplete record and therefore estopped from complaining later. That cannot be for all purposes. An exception to this is, when the appeal cannot be decided one way or the other without the missing portion(s). That is the situation in the instant appeal. Without the oral evidence elicited from cross-examination of witnesses it is hard to decide in this appeal whether the court below exercised its discretion properly in dismissing the suit on available evidence before it.”
CASES CITED
None
STATUTES REFERRED TO
Court of Appeal Rules, 2011|
