RAYMOND NWOKEDI V COMMISSIONER OF POLICE
August 6, 2025ELEMENYA IKORO V SAFRAP (NIGERIA) LTD
August 6, 2025Legalpedia Citation: (1977-03) Legalpedia (SC) 11113
In the Supreme Court of Nigeria
HOLDEN AT ENUGU
Fri Mar 18, 1977
Suit Number: SC. 7/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
OKEKE ANADI
APPELLANTS
OKEKE OKOLI
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-APPEAL-NOTICE OF APPEAL
SUMMARY OF FACTS
The appellants counsel filed a Notice of Appeal on behalf of his client against the judgment of the high court but did not take due care in drafting the grounds of the appeal.
HELD
The court held that the grounds of appeal were incompetent so the appeal could not stand
ISSUES
Not Available
RATIONES DECIDENDI
IMPORTANCE OF NOTICE OF APPEAL
The Notice of Appeal is a very important document because it is the foundation of the appeal and if it is defective, the court of appeal has the inherent powers to strike it out on the ground that it is incompetent. PER IDIGBE JSC
CASES CITED
1. PFEIFFER V. IHE MIDLAND RAILWAY COY. (1887)18 Q.B 234
2. MURFETT V.SMITH (1887) 12 P.D 116
3. ANIS JOSEPH HALABY V. NEF HALABY (1951)13 WACA 17
4. AVIA GENTS LTD V. BALSTA VEST INVESTMENT LTD (1966) 1 AER 450
STATUTES REFERRED TO
1. MAGISTERATES COURT LAW OF EASTERN NIGERIA CAP 82
