CHIEF J. OLORUNYOLEMI & ANOR V MRS HELEN AKHAGBE

CORAM

CHRISTOPHER MITCHEL CHUKWUMA-ENEH, JUSTICE OF THE SUPREME COURT

MUHAMMAD SAIFULLAH MUNTAKA-COOMAISE, JUSTICE OF THE SUPREME COURT

PARTIES

CHIEF J. OLORUNYOLEMI & ANOR APPELLANTS

MRS HELEN AKHAGBE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The lower court dismissed the appellant’s appeal for failure to file his brief of argument within time. The appellant appealed

HELD

Appeal allowed and it was ordered that the appeal be heard on its merit before the court of appeal Lagos.

ISSUES

1. Whether the Records of Appeal from the High Court of Lagos State have been completely transmitted to the court below as at the date of dismissal of the appeal for default of filing Brief of Argument.?

2. IF THE ANSWER IS IN THE NEGATIVE Whether the court below had any legal authority or jurisdiction to dismiss the appeal. ?

3. Whether the Motion on Notice dated 1st March 2001 is competent.?

4. Whether on the face of the records any process emanating from the court below was served on the Appellants before the dismissal of the appeal.?

5. IF THE ANSWER IS IN THE NEGATIVE Whether the court below had jurisdiction as it is assumed to entertain the Motion on Notice for dismissal of the appeal.?

RATIONES DECIDENDI

TRANSMISSION OF EVIDENCE FROM THE HIGH COURT TO APPELLATE COURT.

“It is settled law that every material fact, evidence or document tendered in the proceeding at the High Court and relevant to the determination of the issues in controversy between the parties on appeal, should be transmitted as of necessity, to the appellate court as there can be no consideration of any appeal by an appellate court, or an objection thereto unless and until there is before the court a record of appeal duly prepared and transmitted by the Registrar of the lower court or by the appellant himself upon the leave of the court being sought and obtained”. Per ONNOGHEN J.S.C

CASES CITED

1. Sken Consult (Nig) Ltd & Anor v. Godwin Sekondy Ukey (1981) 1 SC 6,

2. Mark v. Eke (1997) 11 NWLR part 529 page 501.?

STATUTES REFERRED TO

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