Error in judgment appealed against

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the trial High Court that it was correct when it declined to entertain the application

for the committal of the 1st respondent after the appeal against the ruling of the

Court below had been entered in the Court of Appeal. I commend the trial Judge for

standing his ground despite all-undue prompting in the negative direction. His stance

was backed with a lot of sense as the position has to be so to obviate the possibility

of both the lower Court and the appellate Court entertaining various application

simultaneously and making order which may turn out to be conflicting.” – Per Fabiyi,

J.C.A., in Agu v. Anyalogu Suit No. CA/E/138/98; (2002) 14 N.W.L.R. (Pt. 787)

294 at 306-307.

1044. Where subsequent applications are made when appeal has been

entered in a suit.

“This fact is clearly brought out by Order 1 rule 2 of the rules. It reads: – “After an

appeal has been entered and until it has been finally disposed of, the Court shall be

seised of the whole of the proceedings as between the parties thereto, and except as

may be otherwise provided in these rules, every application therein shall be made to

the Court and not to the Court below, but an application may be filed in the Court

below for transmission to the Court.” - Per Amaizu, J.C.A., in Olatunji v. Owena

Bank Plc. Suit No. CA/IL/26/2000; (2002) 5 N.W.L.R. (Pt. 760) 325 at 337.

1045. Where to make application before appeal is entered.

“In the case of Ezomo v. A.-G. Bendel State (1986) 4 N.W.L.R. (Pt. 36) 448 cited

by counsel for the applicant, the Supreme Court held that until an appeal is entered in

the appellate Court, that Court has no control over the proceedings as between the

parties.” - Per Aderemi, J.C.A., in Okotie-Ebo v. Jadesimi Suit No. CA/L/149/99;

(1999) 8 N.W.L.R. (Pt. 616) 598 at 603-604

(62) ERROR IN JUDGMENT APPEALED AGAINST

1046. Allowing appeal due to error or slip in judgment.

“It is only when the error or slip is substantial and has occasioned a miscarriage of

justice. See: Ugo v. Obiekwe and Anor. (1989) 1 N.W.L.R. (Pt. 99) 566 as per

Nnaemeka-Agu, J.S.C., where he said: - “Counsel appear to have worked on the

misapprehension that every possible slip raises an issue.” – Per Chukwuma Eneh,

J.C.A., in Mobil (Nig.) Plc. v. Pam Suit No. CA/J/133/97; (2000) 5 N.W.L.R. (Pt.

657) 506 at 520.

1047. An appeal will not be reversed because of an error committed that did

not form the basis of the decision.

“Finally I hold that the error or misdirection of the learned trial Judge complained of

by the appellants are not such that will decide this appeal one way or the other and

hence cannot occasion or justify reversal of the decision of the trial Court. Where

547 Errow in judgment appealed against Paras. 1043-1047