APPEAL

• Date: 07 September 2019

(1) "An appeal is an invitation to a higher Court to review the decision of a lower Court to find out whether on a proper examination of the facts placed before it and the applicable law, the lower Court arrived at a correct decision. It is a complaint against the decision appealed against, be it that of the trial Court or the Court below the appellate Court. See Lawrence Adebola Oredoyin & Ors. v. Arowolo (1989) 4 N.W.L.R. (Pt. 114) 172 at 211." - Per Ngwuta, J.S.C., in Nsirim v. Amadi Suit No. S.C. 40/2005; (2016) 5 N.W.L.R. (Pt. 1504) 42 at 61- 62.

(2) "It is trite law that an appeal is a continuation of the original case commenced at the trial Court of first instance. It is not and cannot be a new cause of action. See Oredoyin v. Arowolo (1989) 4 N.W.L.R. (Pt. 114) 172 at 211; Adegoke Motors Ltd. v. Adesanya (1989) 3 N.W.L.R. (Pt. 109) 250." - Per Ariwoola, J.S.C., in P.D.P. v. Sylva Suit No. S.C. 845/2016; (2017) 5 N.W.L.R. (Pt. 1557) 74 at 93.

(3) "An appeal, which is the continuation of a case from a trial Court, is commenced by notice of appeal. So, the notice of appeal is the foundation of an appeal." - Per Augie, J.S.C., in Ani v. Otu Suit No. S.C. 663/2013; (2017) 12 N.W.L.R. (Pt. 1578) 30 at 51.

(4) "A party cannot make out a case on appeal different from that which was before the trial Court." - Per Ogunbiyi, J.S.C., in C.K. & W.M.C. Ltd. v. Akingbade Suit No. S.C. 113/2006; (2016) 14 N.W.L.R. (Pt. 1533) 487 at 512.

(5) "An appeal is a proceeding in which the decision of a lower Court is submitted to a higher Court for review and possible reversal. See Black’s Law Dictionary, 9th Edition, page 112. It is an invitation to a higher Court to find out whether on proper consideration of the facts placed before it and the applicable law, the lower Court arrived at a correct decision. An appellate Court is not in a position to determine the correction vel non of an issue not raised and determined by the Court below. See Chief Ayoola Adeosun v. The Governor of Ekiti State (2012) 1 M.J.S.C. (Pt. 1) 1 at 9, (2012) 4 N.W.L.R. (Pt. 1291) 581; Iweka v. S.C.O.A. (2000) 3 S.C. 21 at 31 (2000) 7 N.W.L.R. (Pt. 664) 325." - Per Ngwuta, J.S.C., in Omisore v. Aregbesola Suit No. S.C. 204/2015; (2015) 15 N.W.L.R. (Pt. 1482) 205 at 301.

(6) "The law is trite and well settled that an appeal is a continuation of the original claim and the lower Court as rightly submitted by the appellant’s counsel is obliged to resolve issues that emanate from the claim in the trial Court." - Per Ogunbiyi, J.S.C., in Kayili v. Yilbuk Suit No. S.C. 92/2005; (2015) 7 N.W.L.R. (Pt. 1457) 26 at 71.

(7) "An appeal, being a judicial examination by a higher Court of the decision of an inferior Court, it follows that such examination should normally and more appropriately be confined to the facts and issues that came before the inferior Courts for decision." - Per Ogunbiyi, J.S.C., in Odedo v. Oguebego Suit No. S.C. 29/2015; (2015) 13 N.W.L.R. (Pt. 1476) 229 at 250 - 251.

(8) "The purpose of an appeal, learned counsel to the 2nd respondent/objector is right, see Amaechi v. I.N.E.C. (supra) cited by both counsel, is to find out whether on the state of pleadings, evidence and applicable law the lower Court had come to the right decision in relation to the reliefs canvassed in the matter the Court’s intervention is sought. Indeed, it is not a new action but a continuation of the very dispute in the original action. An appeal, therefore, remains a complaint against a decision arising from the matter in dispute. This explains why a party is not permitted on appeal to change the case he made right from the trial Court otherwise the party would be allowed to appeal against what had not been decided against him. This Court is only empowered to deal with matters duly canvassed at and determined by the Court from which the appeal arises. See Prince Oyesule Alabi Ogundare & Anor. v. Shittu Ladokun Ogunlawo & 3 Ors. (1997) 5 S.C.N.J. 281; (1997) 6 N.W.L.R. (Pt. 509) 360; Edebiri v. Edebiri (1997) 4 N.W.L.R. (Pt. 498) 165 at 174; International Messengers (Nig.) Ltd. v. Pegofor Industries Ltd. (2005) 15 N.W.L.R. (Pt. 947) 1 at 19." - Per M.D. Muhammad, J.S.C., in Odom v. P.D.P. Suit No. S.C. 395/2013; (2015) 6 N.W.L.R. (Pt. 1456) 527 at 550.

(9) "By the provisions of Order 6 rule 2(1) of the Court of Appeal Rules 2011. "All appeals shall be by way of rehearing." This is because appeal is a continuation of the original suit rather than the commencement of a new action, parties are normally limited to the case as pleaded in the trial Court." - Per Tukur, J.C.A., in Obi v. Etiaba Suit No. CA/L/129/2011; (2015) 6 N.W.L.R. (Pt. 1455) 377 at 389.

(10) "In the case of Adegoke Motors Ltd. v. Adesanya supra at pages 266-267 for instance, Oputa, J.S.C. said, P. 266, paras. H-A: "Generally, an appeal is regarded as a continuation of the original suit rather than the inception of a new action." - Per Ogunbiyi, J.S.C., in Odedo v. Oguebego Suit No. S.C. 29/2015; (2015) 13 N.W.L.R. (Pt. 1476) 229 at 250.

(11) "In the case of Lawrence A. Oredoyin & Ors. v. Chief Akala Arowolo & Ors. (1989) 4 N.W.L.R. (Pt. 114) 172 at 211, Oputa, J.S.C. (as he then was) said: "An appeal is not the inception of a new case. No, far from that. An appeal is generally regarded as a continuation of the original suit rather than an inception of a new action. That being so, an appeal should normally and generally be confined to consideration of the record, which came from the Court below with no new testimony taken or new issues raised in the appellate Court. This is the broad view of an appeal. An appeal to the Court of Appeal should be a complaint against the trial Court." See also Osinupebi v. Saibu (1982) 1 S.C. 104." - Per Sanusi, J.C.A., in Rilwan & Partners v. Skye Bank Plc Suit No. CA/A/36/2012; (2015) 1 N.W.L.R. (Pt. 1441) 437 at 454.

(12) "It is trite law that that an appeal is an invitation to a higher Court to review the decision of a lower Court in order to find out whether, on proper consideration of the facts placed before it and the applicable law, the lower Court arrived at the right decision - Oba v. Egberongbe (1999) 8 N.W.L.R. (Pt. 615) 485; Nigerian Navy v. Labinjo (2012) 17 N.W.L.R. (Pt. 1328) 56; Ombugadu v. Congress for Progressive Change (2013) 3 N.W.L.R. (Pt. 1340) 31. An appeal is against the decision of a lower Court and a challenge to the validity of that decision - Chukwuogor v. Chukwuogor (2006) 7 N.W.L.R. (Pt. 979) 302; United Bank of Africa Plc v. BTL Industries Ltd. (2006) 19 N.W.L.R. (Pt. 1013) 61; Shettima v. Goni (2011) 18 N.W.L.R. (Pt. 1279) 413." - Per Abiru, J.C.A., in Unity Bank Plc v. Olatunji Suit No. CA/K/300/2012; (2015) 5 N.W.L.R. (Pt. 1452) 203 at 235 - 236.

(13) "It is settled that an appeal is a complaint against a decision and not a licence or excuse to raise all kinds of issues that have no relevance to the issue(s) upon which the decision complained against is based - see A.-G., Rivers State v. Ude (2006) 17 N.W.L.R. (Pt. 1008) 436 S.C." - Per Augie, J.C.A., in Stabilini Visinoni Ltd. v. Mallinson & Partners Ltd. Suit No. CA/L/281/2012; (2014) 12 N.W.L.R. (Pt. 1420) 134 at 175.

(14) "An appeal is regarded as a continuation of the original suit, rather than the inception of a new action ... in an appeal parties are confined to their case as pleaded in the Court of first instance. They are not allowed to make a new and different case ... without the express leave of Court ... Adegoke Motors Ltd. v. Adesanya & Anor. (1989) L.P.E.L.R. 94 (S.C.); (1989) 3 N.W.L.R. (Pt. 109) 250." - Per Mustapha, J.C.A., in F.C.D.A. v. Unique Future Leaders Int’l Ltd. Suit No. CA/A/614/2012; (2014) 17 N.W.L.R. (Pt. 1436) 213 at 236.

(15) "It is trite that an appeal is a continuation of the case from the Court below. It does not initiate a fresh case." - Per Okoro, J.S.C., in Regd. Trustees, A.O.N. v. N.A.M.A. Suit No. S.C. 149/2006; (2014) 8 N.W.L.R. (Pt. 1408) 1 at 30.

(16) "It is now settled law that an appeal is a continuation of the case from the Court of trial and the appeal does not stand alone as an independent process without the linkage to the proceedings in the Court of first instance." - Per Peter-Odili, J.S.C., in Regd. Trustees, A.O.N. v. N.A.M.A. Suit No. S.C. 149/2006; (2014) 8 N.W.L.R. (Pt. 1408) 1 at 48.

(17) "The Collins Cobuild Learner’s Dictionary Concise Edition defines the word "appeal" as "a formal request for a decision to be changed." An appeal therefore presupposes an existing decision on ground and which could be a subject of consideration." - Per Ogunbiyi, J.S.C., in Yare v. N.S.W.& I.C. Suit No. S.C. 254/ 2005; (2013) 12 N.W.L.R. (Pt. 1367) 173 at 193.

(18) "An appeal is a proceeding undertaken by a higher Court to reconsider the decision of a lower Court to ascertain whether by the facts, circumstances of the case and the applicable law, the lower Court decided correctly." - Per Onyemenam, J.C.A., in Ombugadu v. C.P.C. Suit No. CA/MK/124/2011; (2013) 3 N.W.L.R. (Pt. 1340) 31 at 48.

(19) "Appeal is an invitation to a higher Court to review the decision of a lower Court to find out whether a proper consideration of the facts pleaded before it and the applicable law, the lower Court arrived at a correct decision. See Oredoyin v. Arowolo (1989) 4 N.W.L.R. (Pt. 114) 172. The decision appealed against includes the lower Court’s pronouncement on the reliefs sought by the appellant and it is the pronouncement on the said reliefs the appellate Court would have to examine in the light of the facts and applicable law before the lower Courts." - Per Ngwuta, J.S.C., in Asogwa v. P.D.P. Suit No. S.C. 213/2012; (2013) 7 N.W.L.R. (Pt. 1353) 207 at 254.

(20) "An appeal is the process by which a higher Court is invited to the decision of a lower Court in order to find out whether on a proper consideration of the facts placed before it and the applicable law, the lower Court arrived at a correct decision. See Oredoyin v. Arowolo (1989) 4...