HELEN JOHNSON UDO VS THE REGISTERED TRUSTEES OF THE BROTHERHOOD OF THE CROSS & STAR

CORAM

PARTIES

HELEN JOHNSON UDO (aka QUEEN IBUM OLUMBA OBU) APPELLANTS

 THE REGISTERED TRUSTEES OF THE BROTHERHOOD OF THE CROSS & STAR

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant/Applicant sought for leave to file additional grounds of leave, to amend the Original Notice of Appeal, extension of time within which to file Brief of Argument among other things. The Appellant’s motion was not granted by the Court of Appeal which made the Appellant appeal to the apex court.

HELD

Appeal allowed

ISSUES

1. Whether the applicant is entitled to the leave, she seeks to amend her notice of appeal in the manner contained in Exhibit “A” by particularly filing additional grounds 6,11,13 and 14 which raise fresh issues?

RATIONES DECIDENDI

GROUNDS OF APPEAL – CONDITIONS TO BE SATISFIED BEFORE THE COURT CAN GRANT A LEAVE FOR ADDITIONAL GROUNDS OF APPEAL

‘Before granting the appellant/applicant leave to raise a fresh point on appeal, the court must be satisfied beyond reasonable doubt that it has all the facts pertaining to the new point to be raised and where the point raised at the court below it would have remained unsatisfactorily determined. Where the fresh issue the appellant seeks to raise involves substantial point of law, substantive or procedural, and no further evidence would be required in the determination of the issue, this court readily allows such an application in order to prevent miscarriage of justice’– Per Musa Dattijo Muhammad

DETERMINING APPEALS – DUTY OF COURTS

‘The overriding duty of courts, including this court, however, is to do substantial justice between parties, a principle which entitles the appellate courts to find exceptions to their primary duty of determining appeals before them solely on the basis of the issues raised and determined at the court below. Leave to litigants to raise fresh points for the first time on appeal, having not raised same at the trial or court below, is one of such exceptions ‘- Musa Dattijo Muhammad

CASES CITED

A.G Oyo State V Fairlakes Hotel Ltd(1988)5 NWLR(pt92)1 Fadiora V Gbadebo(1978)7 SC 219. Ogbodu V State(1987)2 NWLR(pt.54) 20 Ejiofodomi V Okonkwo (1982)11 SC Awote V Owodunmi(1986)5 NWLR(pt.46)941 Uor V Loko(1988)2 NWLR(pt.77)430 Okotie-Eboh V Okotie Eboh(1986)1 NWLR(pt.16)264 Ijebu-Ode Local Govt. V Adedeji Balogun & CO.Ltd(1991)1 NWLR(pt.166)136

STATUTES REFERRED TO

NONE

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