Conditions for appeal

• Pages: 406-407

406

(2) “Because of the provisions of Order 2 rule 32 the Rules to which counsel for the

plaintiffs Chief Onyuike, S.A.N., has drawn our attention and which I have already

copied earlier on in this ruling 1 have to refer to the following opinion of the Privy

Council in The Stool of Abinabina v. Enyimadu 12 W.A.C.A.171 at 173 as regards

appeal against concurrent findings of fact: - “The respondents submitted that they

were entitled to judg-ment since there were concurrent findings of fact in the West

Af-rican Court which applying the principles laid down in Srimati Bibhabati Devi v.

Kumar Ramendra Narayan Roy (3) ought not to be disturbed. But the rule as to

concurrent findings is subject to certain exceptions one of which is clearly stated by

Lord Than-kerton at page 259 of the case cited as follows: “In order to obviate the

practice there must be some miscarriage of justice or violation of some principle of

law or procedure.” - Per Agbaje, J.S.C., in Iroegbu v. Okwordu Suit No. S.C. 291/

1989; (1990) 21 N.S.C.C. (Pt. III) 377 at 387; (1990) 6 N.W.L.R. (Pt. 159) 643 at

659.

(40) CONDITIONS FOR APPEAL

725. Does appellant who has complied with condition for appeal need do

more?

“The statutory duties of the registry of a Court from which an appeal lies to the

Court of Appeal, in addition to the compilation of record of appeal, are well stated in

Order 3 rule 13 of the Court of Appeal Rules 1981 (as amended). These duties

cannot be turned into a game of chance or a toss. They must strictly be complied

with, and once an appellant has fulfilled his own part of the obligations, the registry

staff or any other person for that matter has no right to inhibit the compilation and

forwarding to the appeal Court of the record of appeal. It is natural that an appellant

wishing to prosecute his appeal timeously will comply with conditions stipulated to

him by the registry of the trial Court whether such conditions are onerous or not. For

that reason, it is always mandatory for the registrar in charge of compilation and

processing of appeal document to their final stage to see that he strictly follows the

provisions of the law such as the ones provided by the Court of Appeal Rules

(particularly Order 3 rules 8,9,10,11-13). So except where there is a total failure or

neglect from an appellant to comply with the requirements of Order 3 rules 10 and

11, resort cannot be had to Order 3 r. 20 calling for the dismissal of the appeal.” -

Per Muhammad, J.C.A., in N.N.B. Plc. v. Denclag Ltd. Suit No. CA/J/27M/2000;

(2001) 1 N.W.L.R (Pt. 695) 542 at 552.

726. Non-compliance with conditions for appeal.

“Understandably, there were a lot of bottlenecks in the process of compiling the

record. The most important thing was compliance with the conditions for the

compilation of the record. Since the record had gone to stage of filing at the Court

of Appeal, I do not think it can be right to say that the applicant did not comply with

the conditions imposed. If he did not comply, then how did the record come into

Paras. 724-726 402