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:
To read the full judgment or similar judgments, subscribe to Prime or Primsol
Hon. Justice Sinmisola Adeniyi of the Abuja Judicial Division of the National Industrial Court has…
By Ebun-Olu Adegboruwa, SAN The main responsibility of the court is to interpret the law…
ByAmb. Hameed Ajibola Jimoh, Esq. FIGPCM, CGARB. (CERTIFIED GLOBAL PEACE AND CONFLICT RESOLUTION AND MANAGEMENT…
CASE TITLE: ORIENTAL ENERGY RESOURCES LTD v. NICON INSURANCE PLC (2024) LPELR-61988(CA) JUDGMENT DATE: 25TH…
The body of law for copyright protection in Nigeria is the Copyright Act 2022 and judicial decisions…
What is the Meaning of Indefinite Suspension? Suspension is the placement of an employee in…