Effect of an Incomplete Record on The Jurisdiction of The Court of Appeal

CASE TITLE: REGISTERED TRUSTEE OF MEDIA INITIATIVE AGAINST INJUSTICE VIOLENCE AND CORRUPTION (MIVOOC) v. A.G FED (2024) LPELR-63083(CA)
JUDGMENT DATE: 11TH DECEMBER, 2024
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Civil Procedure.

FACTS:

This appeal is against the judgment of the Federal High Court, Benin Division, delivered by Hon. Justice (Prof.) Chuka A. Obiozor.

 By way of a motion ex parte, before the trial Court, the appellant as applicant, prayed the trial Court for the reliefs hereunder reproduced:

“1. AN ORDER of this Honourable Court granting leave to the Applicant to apply for an order of mandamus compelling the Respondent to furnish Applicant with the copies of documents and information requested for and attached to the letter marked “Exhibit A.”

2. AND FOR SUCH FURTHER ORDER that this Honourable Court may deem fit to make in the circumstances of this case.”

​The application was supported by an affidavit of 10 paragraphs sworn to by one Chike Walter Duru, PhD, a trustee of the applicant, now appellant. In its enrolled order, the trial Court, refused the application for want of evidence proving that the document sought was in the custody of the respondent.

Dissatisfied with the refusal of the trial Court to grant the leave sought, the appellant initiated the instant appeal.

ISSUE(S) FOR DETERMINATION:

The appellant formulated this sole issue for determination of the appeal, thus:

“Whether on the record before the lower Court a prima facie case was made out for the grant of the application?”

The respondent formulated a sole issue for determination of the appeal, thus:

“Whether the learned trial Judge was right to have dismissed the Appellant’s application for want of evidence?”

DECISION/HELD:

In the final analysis, the appeal was struck out.

RATIOS:

• APPEAL- RECORD OF APPEAL: Importance of record of appeal and the duty of an appellant and registrar of court to compile record of appeal; effect of an incomplete record on the jurisdiction of the court to hear an appeal
• APPEAL- RECORD OF APPEAL: Effect of an appeal heard on an incomplete record of appeal
• APPEAL- RECORD OF APPEAL: Whether the Court can hear an appeal on an incomplete record of appeal

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