LEGAL PRINCIPLE: APPELLATE PRACTICE — Scope of Appeal to Supreme Court — Appeal Must Relate to Decision of Court of Appeal
PRINCIPLE STATEMENT
The law is well settled that an appeal to the Supreme Court must relate to the decision of the Court of Appeal and not that of the High Court. The Supreme Court has no jurisdiction to hear appeals from the decision of the High Court.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kwajaffa & Ors v. Bank of the North Ltd (2004) NLC-892000(SC) at p. 14; Paras C–D.
"The law is well settled, that an appeal to the Supreme Court must relate to the decision of the Court of Appeal and not that of the High Court. The Supreme Court has no jurisdiction to hear appeals from the decision of the High Court."
EXPLANATION / SCOPE
The Supreme Court’s appellate jurisdiction is over Court of Appeal decisions. The principle applies to appellate jurisdiction. Direct appeals from the High Court are incompetent. The rule ensures proper judicial hierarchy. The court will strike out such appeals. The principle is fundamental.