Legalpedia Citation: (2014) Legalpedia (CA) 10161
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Fri Feb 21, 2014
Suit Number: CA/PH/283/2012
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT.(Presided)
STEPHEN JONAH ADAH, JUSTICE COURT OF APPEAL
PARTIES
PETER O. OSALOR APPELLANTS
MRS. HULDA IWUEZE & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Claimant/1st Respondent brought an action through an originating summons at the Rivers State High Court against the Defendants/Appellants for the recovery of a property situate at Plot 54, GRA Phase IV, Port Harcourt, claiming that he was entitled to possession and that the persons in occupation are in occupation without his consent. At the end of the trial, judgment was given in favour of the Claimant/1st Respondent against the Defendants/ Appellants and the court ordered the sum of N10, 000,000.00 to be paid as damages. The Defendants/Appellants appealed on the ground that the judgment was rendered without jurisdiction.
HELD
Appeal Dismissed
ISSUES
RATIONES DECIDENDI
NOTICE OF APPEAL -IMPORTANCE OF
“It is trite law that the foundation of every appeal is the notice of appeal. The notice of appeal that is validly filed is the authority for this court to be invited to taking steps in adjudication of the case. Without a valid notice of appeal there is no appeal and this court invariably cannot even have the jurisdiction to entertain any application in the appeal.” PER ADAH JCA
FILING FEE-EFFECT OF AN INADEQUATE FILING FEE
“The inadequate filing fee rubs the notice of appeal of any validity. It cannot be used in any proceeding.” PER EKO JCA
NOTICE OF APPEAL-WHEN AN APPEAL IS DEEMED TO HAVE BEEN BROUGHT
“And is also by the payment of the prescribed filing fee for the notice of appeal at the registry of the court below that an appeal shall be deemed to have been brought.” PER EKO JCA
NOTICE OF APPEAL- FILING OF A VALID NOTICE OF APPEAL-ESSENCE OF
“The filing of a valid notice of Appeal is what gives jurisdiction to this court to adjudicate on the appeal. In MADUKOLU VS NKEMDILIM (1962) 1 ALL NLR 587 re- affirmed in SKENCONSULT NIG LTD VS UKEY SECONDY (1981) 1 SC (Reprint) 4 the Supreme Court stated emphatically that a court is competent to assume jurisdiction over, and entertain, any suit if among other things the suit was initiated by due process of law upon fulfillment of all conditions precedent for the court to exercise its jurisdiction. Payment of the statutory fee for the filing of an originating process, like notice of appeal, which gives validity to the process, is a condition precedent for the court to assume jurisdiction over, and entertain appeal.” PER EKO JCA
CASES CITED
Ezenwajiaku vs Umeoji (2009) LPELR 4137 (CA)Madkolu vs Nkemdilim (1962) 1 ALL NLR 587Nigeria Navy vs Labinjo (2012) 17 NWLR (Pt.1328) 56Ochigbo v Umoru (2009) LPELR 8752 (CA)Sa’ad v Maifata (2008) LPELR 4915 (CA)Skenconsult Nig Ltd v Ukey Secondy (1981) 1 SC (Reprint) 4
STATUTES REFERRED TO
1. Court of Appeal Rules 2011
2. Rivers State High Court (Civil Procedure) Rules, 2010