LEGAL PRINCIPLE: CIVIL PROCEDURE — Appeal — Right of Appeal of Party Not Aggrieved
PRINCIPLE STATEMENT
A party cannot appeal a decision that does not wrongfully deprive him of an entitlement or something he had a right to demand. Without such a grievance, he cannot appeal against a judgment that has not affected him, as the exercise may turn out to be academic.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mobil Producing Nigeria Unlimited & Ors v. Monokpo & Anor & Ors (2003) NLC-3202001(SC) at p. 11; Paras B–C.
"A party to proceedings cannot appeal a decision arrived thereat which does not wrongfully deprive him of an entitlement or something which he had a right to demand. Unless there is such a grievance, he cannot appeal against a judgment which has not affected him since the whole exercise may turn out to be academic."
EXPLANATION / SCOPE
Only a party aggrieved by a decision may appeal. The principle applies to appellate practice. The appellant must show prejudice. The rule prevents academic appeals. The court will strike out appeals by non-aggrieved parties. The principle is fundamental.