CASE TITLE: ARUWA & ANOR v. CHEKWAYIGNA & ANOR (2024) LPELR-61649(CA)
JUDGMENT DATE: 26TH FEBRUARY, 2024
PRACTICE AREA: APPEAL
LEAD JUDGMENT: CORDELIA IFEOMA JOMBO-OFO, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This is a ruling on an application for leave to appeal as interested parties.
FACTS:
The application was brought by way of motion on notice. The Interested Parties/Applicants prayed the Court of Appeal for the following reliefs:
- An order extending the time within which the Interested Parties/Applicants may apply for leave of the Honourable Court to appeal as interested parties against the judgment of the High Court of Nasarawa State in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014.
- An order granting leave to the Interested Parties/Applicants to appeal as interested parties against the judgment of the High Court of Nasarawa State (Coram: Honourable Justice Rose G. Soji) in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014 in terms of the ground of appeal set out in the proposed Notice of Appeal annexed hereto as Exhibit A.
- AN ORDER extending the time within which the Interested Parties/Applicants may appeal against the judgment of the High Court of Nasarawa State (Coram: Hon. Justice Rose G. Soji) in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014.
In support of the application was an affidavit, in reaction to which the respondents filed a counter-affidavit.
ISSUES FOR DETERMINATION:
The Court determined the application by adopting the two issues formulated by the respondent, viz:
- “Whether the Applicants can legally make the application to the Appellate Court without first making the application at the trial Court.”
- “Whether the Applicants are entitled to the reliefs sought in view of the law and the facts of the case.”
DECISION/HELD:
The application was struck out for want of jurisdiction, having been filed at the Court of Appeal, as Court of first instance.
RATIOS:
● APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – What an application for leave to appeal must contain
● EVIDENCE – AFFIDAVIT EVIDENCE – Instance where failure to categorically deny averments in an affidavit/counter affidavit will not amount to admission
● APPEAL – APPEAL BY INTERESTED PARTY – Appropriate Court to seek leave to appeal as an interested party
● APPEAL – APPEAL BY INTERESTED PARTY – Whether an application for leave to appeal as an interested party must first be filed in the lower Court
● APPEAL – RIGHT OF APPEAL – Who can exercise a right of appeal
● APPEAL – APPEAL BY INTERESTED PARTY – Duty of a person seeking to appeal as an interested party
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