Complaint on appeal

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711. Incompetent appeal.

“Can we or should we dismiss an appeal which I have held is incompetent and which

have no jurisdiction to entertain? My respectful view is that we cannot or, at least,

should not. For, how can we dismiss an appeal which is incompetent or which is not

properly pending before us or in respect of which this Court has no jurisdiction to

entertain? The attitude of the Court in a situation of this nature is to wash its hand

(not like Pilate) off the appeal and merely send it out of the Court’s cause list.” - Per

Ubaezonu, J.C.A., in Ebokam v. Ekwenibe & Sons Suit No. CA/I/162/91; (1993) 6

N.W.L.R. (Pt. 297) 108 at 119.

712. Objection to competence of appeal.

“Where an objection is raised as to the competence of an appeal, the jurisdiction of

the Court to entertain it becomes an issue. It becomes therefore fundamental for the

Court to deal with it first before deciding on the next course of action. See State v.

Onagoruwa (1992) 2 N.W.L.R. (Pt. 221) 33.” - Per Musdapher, J.C.A., in Lekwot

v. Judicial Tribunal Suit No. CA/K/222/92; (1993) 2 N.W.L.R. (Pt. 276) 410 at

442.

(38) COMPLAINT ON APPEAL

713. Complaint on appeal.

“A complaint can only be made against a judgment given at the trial when it is on

appeal upon issues properly canvassed at the trial Courts: See Temco Eng. Co.

Ltd. v. S.B.N. Ltd. (1995) 5 N.W.L.R. (Pt. 397) 607.” - Per Edozie, J.C.A., in

F.B.N. Plc. v. Abba Suit No. CA/J/107/96; (1998) 10 N.W.L.R. (Pt. 569) 227 at

236.

714. Course open to respondent complaining about failure of the appellant

to diligently prosecute his appeal.

(1) “With respect to the 1st issue alleging that the appellant/respondent herein is

delaying the prosecution of this appeal after obtaining the stay of execution, it is

my view that the rule of Court has its necessary outfit to deal with this kind of

situation. Where a litigant genuinely uses the process of Court, such as stay, to

delay the prosecution of his appeal, he has abused same, and it lies in the hands

of the appropriate party to so move the Court.” - Per Okunola, J.C.A., in

Omolowo v. A.N.N. Ltd. Suit No. CA/K/2M/88; (1991) 8 N.W.L.R. (Pt. 209)

371 at 383.

(2) “It is open to the respondent to help prepare the record of proceedings of the

Court below and have it duly certified as the true record by the Chief Registrar,

as is the practice of a good number of Senior Advocates of Nigeria. Then the

filing of briefs by the parties and the hearing and determination of the appeal will

be truly expedited.” - Per Ogundare, J.C.A., in Omolowo v. A.N.N. Ltd. Suit

No. CA/K/2M/88; (1991) 8 N.W.L.R. (Pt. 209) 371 at 386.

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