CHIEF OTONYESEIGHA OLOLO V NIGERIAN AGIP OIL CO LTD
June 24, 2025PROFESSOR T.M. YESUFU V GOVERNOR EDO STATE AND VISITOR, EDO STATE UNIVERSITY
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11071
In the Supreme Court of Nigeria
Fri Jun 22, 2001
Suit Number: SC. 192/1997
CORAM
ADOLPHUS G. KARIBI-WHYTE, JUSTICE, SUPREME COURT
A.G. O. AGBAJE – JUSTICE, SUPREME COURT
UTHMAN MOHAMMED , JUSTICE, SUPREME COURT
TASLIM O. ELIAS JUSTICE, SUPREME COURT
ATANDA FATAI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
1. A. A. OGUNKUNLE2. A. A. AKINDE3. ELIZABETH FOLORUNSHO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent discontinued the suit against the appellant before consent judgment was entered against the remaining defendants. The appellant appealed against the judgment.
HELD
The court held that the appellant had no right of appeal.
ISSUES
Who has the right of appeal from the decision of the High Court?
RATIONES DECIDENDI
RIGHT OF APPEAL
The existence of a decision affecting a party is a condition precedent to the existence of a right of appeal and indeed the exercise of any such right of appeal by that party. The right of appeal conferred by the Constitution is a right against the decision of a court adversely effecting a party. It therefore goes without any argument that for a person to claim any right of appeal as envisaged, that person must show that the decision of the court is against him or against his interest – Katsina- Alu J.S.C.
CASES CITED
NONE
STATUTES REFERRED TO
The 1979 Constitution
