Index

• Pages: 1-60

Practice and Procedure 2

EXTENSION OF TIME TO APPEAL

An application for extension of time within which to appeal, 2054.

Appeal to bring an application for order of certiorari cannot be granted in the absence

of any provision for such application in Court of Appeal Rules, 2055.

Court can readily exercise its jurisdiction to extend appeal in favour of appellant where

failure to file within time is caused by inadvertence of his counsel, 2056.

Court has discretion to grant application for extension of time to appeal if circumstances

of the case warrant it, 2057.

Court may refuse leave where there is no good and substantial reason for delay, 2058.

Court of Appeal’s power to extend time, 2059.

Court would exercise its discretion in favour of an appellant where his being out of time

is lack of appreciation of judgment, 2060.

Effect of non-compliance with rules of Court, 2061.

Exercise of Court’s discretion to grant or refuse application for extension of time to file

pleadings, 2062.

Failure by a party to act within the prescribed period where caused by negligence of

counsel will not be taken out on appellant, 2063.

Good cause must be shown why the appeal should be heard, 2064.

Is a condition for application for extension of time conjunctive or disjunctive? 2065.

Importance of application for extension of time to appeal, 2066.

Length of time that has elapsed is a material factor in deciding to grant or refuse an

application for appealing out of time, 2067.

Prayer required for appeal filed out of time, 2068.

Relief not required where applicant seeks leave to appeal out of time, 2069.

Import of the combined effect of the period for giving notice of appeal in a civil cause

under Section 25(2)(a) Court of Appeal Act 1976, the power to apply to the Court of

Appeal where a similar application has been refused by the Court below under Order

3, rules 3(3) of the Court of Appeal Rules and the application for enlargement of time

under Order 3 rule 4(2) of the Court of Appeal Rules 1981 to an application for leave to

appeal, 2070.

What an applicant for extension of time to appeal must show? 2071.

What to do when seeking extension of time to appeal, 2072.

Where delay is due to inadvertence, the Court would grant leave, 2073.

Whether inability to obtain copy of record of proceedings or judgment is sufficient

reason for delay to appeal within time? 2074.

INDEX

References are to paragraph numbers

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EXTENSION OF TIME TO SET ASIDE JUDGMENT

Extension or abridgment of period within which to do an act, 2075.

Need for applicant seeking an extension of time within which to bring an application to

set aside judgment to show good and sufficient reasons to enable the Court exercise

its discretion in his favour, 2076.

EXTENSION OF TIME WITHIN WHICH TO FILE BRIEF

Application for extension of time within which to file brief, 2077.

FAILURE TO HEAR PARTIES

Failure of Court of Appeal to hear the plaintiff, 2078.

FAIR HEARING

Appellate Court’s duty in considering issue’s of fair hearing, 2079.

Can a person’s right of fair hearing be breached in matter not affecting his own right?

2080.

Denial of litigant’s right to a consideration of his case, 2081.

Employer to accord employee an opportunity of being heard before exercising his right

of summary dismissal, 2082.

Fair hearing in proceeding, 2083.

Need for Court to regard the principle of fair hearing and the effect of entering default

judgment without putting the defendant on notice, 2084.

Speedy disposal of cases should not deny a litigant the right to fair hearing, 2085.

When breach of duty of fairness would vitiate proceedings, 2086.

When the question of fair hearing can arise in a contract, 2087.

FILING FEES

Competence of a process filed without payment of filing fees, 2088.

FILING OF ELECTION PETITION

Can an amendment of a prayer be granted after expiration of time for filing petition? 2089.

Effect of failure to state names of candidate and their scores in a petition, 2090.

FILING OF PROCESSES

Can a filed process validly bear two separate dates? 2091.

Limit of duty imposed on litigants in filing Court processes, 2092.

When a document is deemed properly filed in Court, 2093.

FINAL DECISION

Final decision, 2094.

Test for determining whether a decision is final or interlocutory, 2095.

FINDINGS IN CRIMINAL CASE IN ESTABLISHING CIVIL CLAIM

Findings in criminal case in establishing civil claim, 2096.

References are to paragraph numbers

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FINDINGS OF FACT BY TRIAL COURT

Absence of specific finding by lower Court will leave the appeal Court with the option of

drawing conclusion, 2097.

Appeal Court will interfere with decision of trial Court where there is ample evidence that

trial Judge failed to evaluate and make correct findings, 2098.

Appeal Court will not interfere with verdict of trial Court unless such decision is shown

to be perverse, 2099.

Appellate Court’s attitude to evaluation of evidence by trial Court, 2100.

Appellate Court’s attitude to failure of trial Court to make findings on material issues,

2101.

Appellate Court’s attitude to failure of trial Court to make specific findings on an essen-

tial fact on which conflicting evidence was adduced, 2102.

Appellate Court’s attitude to finding of fact by trial Court, 2103.

Appellate Courts attitude to appraisal of facts by trial Court, 2104.

Attitude of the Supreme Court to concurrent findings of fact, 2105.

Can a Court overrule-itself on its findings? 2106.

Concurrent findings of Courts, 2107.

Court of Appeal has no right to substitute its own views of the facts for those of the trial

Court, 2108.

Court of Appeal is at liberty to evaluate evidence and make proper findings where there

is evidence that the trial Judge failed to evaluate such evidence, 2109.

Court of Appeal is in the same position as the trial Court in the assessment of inference

to be drawn from documentary evidence, 2110.

Court of Appeal is left only to examine the grounds that led to the conclusion reached by

the trial Court where it is satisfied the finding is unsound, 2111.

Court of Appeal may not disturb a judgment of trial Court simply on the ground that it

would have come to a different conclusion on the facts, 2112.

Court of Appeal may not set aside judgment on ground of weight of evidence when there

is ample evidence to support the finding of the learned trial Judge, 2113.

Court of Appeal may take further evidence itself under certain circumstances, 2114.

Court of Appeal should decide whether there is evidence on the record to justify the

findings, 2115.

Court of Appeal will not interfere with award of damages made by trial Court except the

trial Judge overlooked or misapplied principles of law guiding such an award, 2116.

Court of Appeal will only interfere when it is satisfied that lower Court decision is wrong

if it is in doubt the decision of the lower Court must be upheld, 2117.

Court’s duty in respect of finding of fact including the surrounding circumstances of the

particular case, 2118.

Court’s conclusion of “I believe”, or “I do not believe” 2119.

Departure from prescribed form, 2120.

Duty of Appellate Court to findings by trial Court supported by evidence, 2121.

Evidence could have influenced the judgment in favour of applicant asking for taking of

further evidence, 2122.

Facts not pleaded, 2123.

Failure by defendant to lead evidence will not stop him from arguing on appeal where

References are to paragraph numbers

Vol. 17 Pt. II : Index Practice and Procedure 2 {3}