What is the Appropriate Manner to Impeach the Contents of a Record of Appeal?

CASE TITLE: MUHAMMAD v. ALARAMMA & ANOR (2025) LPELR-81190(CA)

JUDGMENT DATE:  16TH MAY, 2025

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Right to Fair Hearing.

FACTS:

This is an appeal against the decision of the High Court of Katsina State sitting in its Appellate jurisdiction delivered on 18th May, 2017.

The 1st Respondent sued the Appellant before the Upper Shaira Court, Funtua, claiming the refund of Eleven Million and Five Hundred Thousand Naira (N11,500,000), wherein the judgment was entered against the Appellant. The Appellant thereafter applied for the assignment of the debt to the 2nd Respondent who was indebted to him in the sum of Seventeen Million Naira (N17,000,000). At the end of the trial, the 2nd Respondent was ordered to pay the 1st Respondent the sum of N11,500,000.00, being the judgment sum against the Appellant. Aggrieved by that decision, 1st Respondent approached the trial Court which set aside that decision and directed the Upper Sharia Court II Funtua to execute its earlier judgment against the Appellant.

The Appellant was dissatisfied with the decision of the trial Court hence, this appeal.

ISSUES FOR DETERMINATION:

The appellant formulated these issues for the determination of the appeal, thus:

1. Whether the refusal of the Lower Court to allow the Appellant engage the services of another counsel amounts to a breach of his right to a fair hearing.

2. Whether the failure of the Lower Court to allow Motion No. KTH/DTM/19M/2017, which sought to impeach the supplementary records of proceedings, amounts to a miscarriage of justice.

DECISION/HELD:

In the final analysis, the appeal was dismissed for lacking merit.

RATIOS:

• APPEAL- INTERFERENCE WITH THE EXERCISE OF DISCRETION: Circumstance where an appellate Court will not interfere with the exercise of discretion by a lower Court
• APPEAL- RECORD OF APPEAL: What is the appropriate manner to be used to impeach the contents of record of appeal
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Principle of fair hearing as enshrined in the provisions of Section 36(1) of the Constitution
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Proper order the Court will make where there is a denial of fair hearing
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Whether the courts in determining whether the rules of fair hearing have been breached must examine the facts of the case
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Right of a person to be present or represented when a case against him is being presented
• CONSTITUTIONAL LAW- BREACH OF RIGHT TO FAIR HEARING: Nature and effect of breach of right to fair hearing
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Principle of fair hearing in relation to the rule of audi alteram partem
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Whether a party who had an opportunity to be heard but did not utilize it can bring an action for breach of fair hearing

To read the full judgment or similar judgments, subscribe to Prime or Primsol