NO COURT IS PERMITTED TO HEAR AN APPEAL ON INCOMPLETE RECORD

CASE TITLE: ISA’AC GAVOH & ORS v. JOHNSON AKWAI (2019) LPELR-46441(CA)

PRACTICE AREA: CIVIL PROCEDURE

LEAD JUDGMENT BY: JAMES SHEHU ABIRIYI, J.C.A.

FACTS OF THE CASE 

This is an appeal against the judgment delivered on the 7th July, 2015 in the High Court of Taraba State sitting in Jalingo.

The Respondent was the Plaintiff while the Appellants were the Defendants/counter claimants in the High Court. The Respondent claimed for a declaration of title to land, perpetual injunction and other reliefs against the Appellants.

The Appellants on their part counterclaimed against the Respondent for a declaration that they are entitled to a statutory right of occupancy to the parcel of land measuring 576.45 square metres situate at Mayo Dasso and that the Respondent is a trespasser among other reliefs.

The Respondent’s four witnesses adopted their written addresses and were cross examined. The Appellants called no witness and the trial Court in a reserved judgment entered judgment in favour of the Respondent.

The Appellants were dissatisfied and appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The Court raised the issue of Incomplete Record of Appeal.

DECISION OF THE COURT

In the final analysis the Court of Appeal struck out the appeal on the ground that the record of appeal was incomplete.

RATIO DECIDENDI

• APPEAL – RECORD OF APPEAL – Whether the Court can hear an appeal on an incomplete record of appeal