APPELLATE PRACTICE — Record of Appeal — Completeness — Necessity for Full Transmission of Record
Ratio Decidendi
Per Onnoghen, JSC, in Olorunyolemi & Anor v. Akhagbe (2010) NLC-123-118-2002(SC) at p. 10; Paras D–E:
"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. The rationale is that though an appeal is a rehearing of the matter, the rehearing in this case is by considering the case based on the printed record before the appellate court, which includes the exhibits tendered therein."
Explanation / Scope
This principle establishes that the record of appeal must contain all material facts, evidence, and documents relevant to the appeal. An appellate court cannot consider an appeal without a complete record. The principle applies in all appeals. It ensures that the appellate court has all necessary materials. The principle reflects that appeals are heard on the record. It prevents decisions based on incomplete records. The court must require a complete record. The principle provides guidance on the necessity of transmitting the full record.