APPELLATE PRACTICE — Rehearing — Nature of Appeal by Way of Rehearing — Necessity for Complete Record
Ratio Decidendi
Per Oguntade, JSC, in Edjekpo & Ors v. Osia & Ors (2007) NLC-123-250-2001(SC) at p. 17; Paras A–C:
"Order 3 rule 2(1) of the Court of Appeal Rules opens with the words 'All appeals shall be by way of rehearing.' I take those opening words to mean a rehearing on the issues raised before the Court of Appeal. It seems to me that there was no way the court below could have performed its constitutional duty of hearing the defendants' appeal without insisting on seeing such part of the record of proceedings before the trial court as would enable it to decide whether or not conflicts in the evidence of witnesses were resolved and whether the findings made justified the final conclusion reached by the trial court."
Explanation / Scope
An appeal by way of rehearing means that the appellate court is entitled to examine the evidence and reconsider the case, not merely review the trial court’s legal conclusions. However, this power is dependent on having a complete record of the proceedings. The appellate court must be able to see the evidence on which the trial court relied, including oral testimony, to determine whether the trial court properly resolved conflicts and made findings that are justified by the evidence. Without a complete record, the appellate court cannot perform this function, and the appeal cannot be properly heard.