Legal Principles – Nigerian LawCompass

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings – Interference by Supreme Court

"This court will not lightly interfere with concurrent findings of fact made by the trial court and the Court of Appeal, unless such findings are perverse and utterly unreasonable."

Appellate Practice Important

APPELLATE PRACTICE – Jurisdiction of Court of Appeal – Appeal by Person Not Party to Judgment – Whether Competent

"Where a party has effectively ceased to be a party to the action at the time consent judgment was entered in the case, and the consent judgment was not binding...

Appellate Practice Important

APPELLATE PRACTICE – Person Who May Exercise Right of Appeal – Party Adversely Affected by Decision

"The existence of a decision affecting a party is a condition precedent to the existence of a right of appeal and indeed the exercise of any such right of appeal...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Supreme Court’s Approach to Concurrent Findings

"Ordinarily this court ought not lightly depart from concurrent findings of facts of the two lower courts because it has no opportunity of seeing and listening to the witnesses testify....

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Circumstances Justifying Interference

"This court will undoubtedly interfere with concurrent findings of facts made by courts below which are shown to be perverse or to contain errors of law, substantive or procedural leading...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings of Fact – Principle of Non-Interference

"It is well established principle that an appellate court will very rarely, if at all interfere with the findings of facts made by the trial court. This is because such...

Appellate Practice Important

APPELLATE PRACTICE – Fair Hearing – Non-Consideration of All Issues Not Amounting to Denial of Fair Hearing Where No Miscarriage of Justice

"The non-consideration of all the issues before the court below, save issue I, did not and could not amount to a denial of fair hearing to the appellants. I am...

Appellate Practice Important

APPELLATE PRACTICE – Concurrent Findings – Interference by Supreme Court

APPELLATE PRACTICE – Jurisdiction of Court of Appeal – Appeal by Person Not Party to Judgment – Whether Competent

APPELLATE PRACTICE – Person Who May Exercise Right of Appeal – Party Adversely Affected by Decision

APPELLATE PRACTICE – Concurrent Findings of Fact – Supreme Court’s Approach to Concurrent Findings

APPELLATE PRACTICE – Concurrent Findings of Fact – Circumstances Justifying Interference

APPELLATE PRACTICE – Concurrent Findings of Fact – Principle of Non-Interference

APPELLATE PRACTICE – Fair Hearing – Non-Consideration of All Issues Not Amounting to Denial of Fair Hearing Where No Miscarriage of Justice

APPELLATE PRACTICE – Interlocutory Appeals – Appellate Court Should Not Determine Merits of Substantive Case

APPELLATE PRACTICE – Consideration of Issues – Duty of Court to Pronounce on Issues Raised

APPELLATE PRACTICE – Consideration of Issues – When Appellate Court May Determine Appeal on One Issue Only

APPELLATE PRACTICE – Consideration of Issues – Duty of Intermediate Appellate Court to Consider All Issues Raised

APPELLATE PRACTICE – Fair Hearing – Hearing of Appeal on Date Fixed for a Motion Without Notice to Parties – Nullity