Depature from the rules

• Pages: 485-487

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of the trial Court, as found rightly in my view, by the Court below, were clearly

immaterial, inconsequential and occasioned no miscarriage of justice. The Court of

Appeal was therefore right in dismissing the appellant’s appeal notwithstanding that

certain findings of the trial Court as above mentioned could not, strictly, be correct.”

- Per Onu, J.S.C., in Uzochukwu v. Eri Suit No. S.C. 11/1991; (1997) 7 N.W.L.R.

(Pt. 513) 535 at 551.

(52) DEPATURE FROM THE RULES

897. Appellant’s duty seeking expeditious hearing of appeal.

“It is further the duty of an appellant to produce before the Court of Appeal the

records which he seeks to challenge in that Court. The congestion experienced at

the lower Court has made compilation of records a nightmare whereupon litigants

who want their appeal to be heard expeditiously by granting same accelerated

hearing have to circumvent the conditions of appeal by undertaking to compile the

records pursuant to the rules of the Court of Appeal Order 7 rules (2) and (3). The

party has thereupon assumed a primary duty to see that all vital documents and

exhibits are included in the compiled records. If he discharges that duty and the

other side feels that there is any document not included in the compiled records that

party will then bring in that document. A departure from the rules relieves the Registrar

of the trial Court of his responsibility of compiling and transmitting the appeal from

the trial Court to the Court of Appeal. Albasma Nig. Ltd. v. Salami (1998) 4 N.W.L.R.

(Pt. 546) pg. 448 at 456.” - Per Adekeye, J.C.A., in Soleye v. Sonibare Suit No.

CA/I/M.207/2000; (2002) 10 N.W.L.R. (Pt. 775) 380 at 393 - 394.

898. Application for departure from the rules.

“I have considered the arguments of both counsel and I found that the learned counsel

for the respondents cannot choose the record for which he is prepared to argue the

appeal when an application of this nature is brought before the Court. The purpose

of this application is not to wait for the time it would take the Registrar of the High

Court to complete complaining the record of proceedings.” - Per Sulu-Gambari,

J.C.A., in Afolabi v. Igunbor Suit No. CA/I/M.253/89; (1990) 5 N.W.L.R. (Pt.

149) 170 at 174.

899. Court of Appeal’s power to direct a departure from its rules.

(1) “The application is one for the exercise of our discretion based on the peculiar

circumstances of the case. At the instance of the applicant the record is now ready

and no doubt it enures for the benefit of all the parties. I shall take the judicial notice

of the fact that often times despite the perfection of the conditions of appeal the

records are not made available for years. In a way therefore, this application furthers

the cause of justice.” - Per Tabai, J.C.A., in Soleye v. Soibare Suit No. CA/I/

M.207/2000; (2002) 10 N.W.L.R. (Pt.775) 380 at 400.

481 Depature from the rules Paras. 896-899