THE INTEREST TO BE SHOWN BY AN INTERESTED PERSON IN ORDER TO APPEAL A DECISION.

-
THE INTEREST TO BE SHOWN BY AN INTERESTED PERSON IN ORDER TO APPEAL A DECISION. 

by Branham Chima. 
Subscribe: https://branhamchima.substack.com/embed 

To ask the court for permission to appeal a decision, a person must have a real and legal interest in the matter that affects them negatively. They need to prove that the decision harms their interest and that they are affected by it. In simple terms, they must show that they are upset or affected by a decision that has wrongly denied them something or affected what belongs to them. 

This position was encapsulated in the Nigeria Supreme Court case of Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018) per K.B. Aka’ahs JSC. thus: ‘The interest which will support an application for leave to appeal as interested party must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not only that he is a person having interest in the matter but also that the order or judgement of the Court below which he is seeking leave to appeal against prejudicially affects his interest. In other words, to succeed in the application, the applicants must show that they are persons who are aggrieved or persons against whom decisions have been produced which have wrongfully refused them something or wrongly affected their title to something. See: Nwaogu v. Atuma (2013) All FWLR (Pt. 669) 1022, In re: Ugadu (1988) 5 NWLR (Pt. 93) 189 at 202 per Karibi Whyte JSC; Usanga and Ors v. Okada and Ors (1964) 1 All NLR 36; Ikonne v. Commissioner of Police (1986) 4 NWLR (Pt. 36) 473; Dairo v. Gbadamosi In re: Afolabi (1987) 4 NWLR (Pt. 63) 18 and Ademola v. Sodipo (1992) 7 NWLR (Pt. 253) 260 261.’ 

Comments

Post a Comment

What are your thoughts?

Popular posts from this blog

WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL?

-
WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed An appeal is considered to be officially submitted to the Court of Appeal when the records of the previous court’s proceedings are received by the Court of Appeal. Once an appeal has been submitted and until it is finally resolved, the Court of Appeal will have control over the entire case between the involved parties. Unless stated otherwise in the Rules, all applications related to the case must be made to the Court of Appeal and not to the original trial Court. However, it is possible to file an application in the trial Court for it to be transferred to the Court of Appeal. The above position was encapsulated in the National Industrial Court case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘the counsel for the judgment creditor/respondent has also contended that no appeal has been entered before the court of appeal. Let m...
Read more

WHETHER CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT?

-
WHETHER CONFLICTING FACTS CAN BE PLEADED WHERE ALTERNATIVE RELIEFS ARE SOUGHT?  by Branham Chima.  ✓ DEFINITION(S):  • Conflicting facts: refer to contradictory or opposing pieces of information or evidence that are presented. It occurs when different sources, perspectives, or accounts provide inconsistent or conflicting details about a specific matter or issue.  • Pleaded: When a person pleads, they are presenting their case or defense to the court, either admitting or denying the allegations against them. The plea can be made orally or in writing, depending on the jurisdiction and the specific circumstances of the legal proceedings. The term "pleaded" is commonly used to describe the past action of making a plea.  • Alternative reliefs: refer to different forms of remedies or outcomes that a party seeks in a legal proceeding as alternatives to each other. By seeking alternative reliefs, a party acknowledges that there may be multiple ways to address their conc...
Read more

OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT

-
OBITER DICTA OF THE ULTIMATE COURT ON IMPORTANT POINTS ARE BINDING ON LOWER COURT by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  Obiter dictum, or incidental remarks by a judge that are not binding, play an important role in legal opinions. Generally, lower courts are not obligated to follow obiter dictum. However, there is an exception: when the ultimate court makes an obiter dictum on an important point of law, it becomes binding and must be followed by all lower courts. This exception ensures consistency and uniformity in the interpretation and application of the law across the judicial hierarchy.  This position was affirmed in the case of Bennett Ifediorah & Ors. V. Ben Ume & Ors. (1988) per Nnaemeka-Agu JSC thus: ‘Although this opinion was given in a criminal appeal, it has been followed and applied by the Court of Appeal in many civil appeals against interlocutory decisions. See for an example Akinsola Dawodu & Anor. v. F. O. Olo...
Read more