LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Extends to All Decisions in Proceedings Where Party Is Aggrieved
PRINCIPLE STATEMENT
A party to proceedings before the court below possesses the right to appeal against decisions made in those proceedings. If a party would have benefited from a decision striking out the case, reciprocally, that party must possess the right to challenge a decision with which he is dissatisfied.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Elugbe v. Omokhafe & Ors (2004) NLC-2852001(SC) at p. 12; Paras A–B.
"Section 233(5) of the 1999 Constitution of the Federal Republic of Nigeria provides: '5. Any right of appeal to the Supreme Court from the decisions of the Court of Appeal conferred by this section shall be exercisable in the case of civil proceedings at the instance of a party thereto or ... ' The 4th defendant/appellant was a party to the proceedings before the court below and therefore possesses the right to appeal against decisions made by the court below in the proceedings. It suffices to add that if the court below had entertained the objection by 1st to 3rd respondents and struck out the case, the 4th defendant would have benefited from the order. On plain commonsense it seems to me that reciprocally, the 4th defendant/appellant must possess the right to challenge a decision made in the case with which he was dissatisfied."
EXPLANATION / SCOPE
Any party aggrieved by a decision has a right of appeal. The principle applies to appellate practice. The right extends to all parties in the proceedings. The rule ensures access to justice. A party who would have benefited from an alternative order can challenge the actual order. The principle is well-established.