Final and interlocutory decisions

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is not legally admissible to be used as part of the brief. The document in question in

this case may be admitted if the necessary leave has been applied for and granted.”

- Per Nasir P.C.A. in Uzoukwu v. Ezeonu II Suit No. CA/E/132/90; (1991) 6

N.W.L.R. (Pt. 200) 708 at 750.

1204. Instances when time begins to run for filing appellant’s brief in the

Court of Appeal.

“I think it is a reasonable formulation of the applicable rule to postulate that time for

appellant to file his brief of argument for 60 days should begin to run from the actual

date of the receipt of the record of proceedings, or from date of the receipt of the

invitation to collect the record of proceedings. Reasonable allowance will be made in

the latter case for the period between the receipt of notification and the date appellant

ought reasonably to have collected the record of proceedings.” - Per Karibi-Whyte,

J.S.C., in Obomhense v. Erhahon Suit No.S.C.20/1998; (1993) 7 N.W.L.R. (Pt.

303) 22 at 44.

1205. When to file an appellant’s brief.

“An appellant by virtue of the practice Direction issued by the President of the Court

of Appeal is required to file his brief along with the notice of appeal and serve same

on the respondent. In the instant case, the appellant contravened this requirement by

moving an application to file the appellant’s brief on the day just before the conclusion

of the appeal.” Per, Okunola, J.C.A., in Apari v. Hose (1999) 5 N.W.L.R. (Pt. 604)

541 at 544.

(77) FINAL AND INTERLOCUTORY DECISIONS

1206. Time limit for appealing against final and interlocutory decision.

“Section 25 sub section (1) and (2) of the Court of Appeal Act Cap 75, Laws of the

Federation 1990 which dictates the time for appeal provide. And sub-section (2)

which spells and the period provide’ “The periods for the giving of notice of appeal

or notice of application to leave to appeal are: (a) in an appeal in a civil cause or

matter, fourteen days where the appeal is against an interlocutory decision and

Three Months where the appeal is against a final decision” It is the second leg of

sub-section 2(a) that is applicable here. The notice of appeal to be amended and

which must be valid, in law, must be one that was filed within three months from

the date of the delivery of the judgment.” - Per Aderemi, J.C.A., in L.S.D.P.C.

v. Adeyemi-Bero Suit No. CA/L/452M/99; (2002) 1 N.W.L.R. (Pt. 748) 268 at

274 - 275.

1207. When an order is final or interlocutory.

“Whether an order is final or provisional does not require a label or definition to

be fixed in it. It depends on its scope and effect; and this rest on the interpretation

of the said order, in the background of the entire affidavit, and the circumstances

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