CASE TITLE: MUSA v. MUSA & ANOR (2024) LPELR-62385(CA)
JUDGMENT DATE: 11TH JUNE, 2024
PRACTICE AREA: PRACTICE AND PROCEDURE
LEAD JUDGMENT: OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on civil procedure.
FACTS:
This appeal is against the judgment of the Plateau State High Court, sitting in its Jos Judicial Division, delivered on December 19, 2019.
In the course of hearing this appeal, certain issues were observed by the appellate Court that prevented the Court from touching on the main issue, and they are that the notice of appeal filed before the trial Court was bereft of an appeal number/suit number. The notice of appeal did not mention any suit or suit number, which was determined by the trial Court, against which the appeal was lodged or filed.
Also, on the front cover page of the record of appeal, the printed suit number, presumably describing the suit before the trial Court, stated on the cover page is BA/52C/2017, but was manually altered to read BA/82/2016. Also, the name of the Judge who delivered the judgment, printed on the cover page, is Hon. Justice M. A. Sambo. However, that was incompletely covered with white ink (tipex) and the name ‘Hon. Justice Aliyu Usman’ manually written thereon, in black ink. Also, the subject of the appeal was printed as a ‘Ruling’, which was manually altered to read ‘Judgment’.
These inchoate alterations were not counter-signed by anyone, to authenticate the inexplicable and noticeable activity. The alterations were not carried out on the strength of an order of this Court permitting the alterations.
Following closely after what is stated above, is the manifest fact that the name of the Judge who presided over and signed the proceedings in the trial Court is not stated on any page of the record of appeal.
ISSUE(S) FOR DETERMINATION:
The Court determined the appeal on its merits.
DECISION/HELD:
In the final analysis, the appeal was struck out for being incompetent.
RATIOS:
- APPEAL- NOTICE(S) OF APPEAL: Whether failure to include the suit number of a judgment appealed against in a notice of appeal renders the notice void
- APPEAL- RECORD OF APPEAL: Duty of an appellant to ensure the record of appeal forwarded to the Appellate Court is accurate and timely
- APPEAL- RECORD OF APPEAL: Importance of a valid record of appeal; effect of an invalid record of appeal
- COURT- RAISING ISSUE(S) SUO MOTU: Whether a Court can raise the issue of jurisdiction suo motu and determine it without hearing parties
- COURT- RECORD(S) OF COURT: Whether Courts are bound by their record
- EVIDENCE- DOCUMENTARY EVIDENCE: Whether the production of a document is the best evidence of its content
- JUDGMENT AND ORDER- JUDGMENT OF COURT: Whether the certified true copy of a judgment/ruling must be signed and dated by a judge
- PRACTICE AND PROCEDURE- RECORD OF COURT PROCEEDINGS: Whose duty is it to bring before the appellate court the record of proceedings on which appeal is to be heard?
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