BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Rotimi v. Eghobamien
  • 828
  • 2016-04-11
  • ₦ 200
  • Buy Now

Rotimi v. Eghobamien

MAJOR AYODELE EMMANUEL ROTIMI

V

SIR WILLIAM PARKER O. EGHOBAMIEN

COURT OF APPEAL

( BENIN DIVISION )

JIMI OLUKAYODE BADA JCA ( Presided and Read the Lead Judgment )

MUDASHIRU NASIRU ONIYANGI JCA

UGOCHUKWU ANTHONY OGAKWU JCA

CA/B/352/2011

THURSDAY, 28 JANUARY 2016

APPEAL - Grounds of appeal - Determining nature of - Guiding principles for

APPEAL - Grounds of appeal - Particulars of - importance of - Grounds of mixed law and fact - Filing of - Need to obtain leave of court for

APPEAL - Interlocutory appeal - Leave to file - Need to apply for where required

APPEAL - Notice of appeal - Where defective - Legal consequence of

APPEAL - Notice of appeal - Where incompetent - Effect

APPEAL - Preliminary objection - Priority of - Propriety of - Effect on appeal when upheld

Issue:

Whether this appeal is competent, having regard to the grounds of appeal filed.

Facts:

The appellant at the trial court, was refused his application seeking to arrest the ruling of the Edo State High Court of Justice, Benin Division, bothering on the appellant’s failure to file a counter-affidavit when he should have done so. Dissatisfied, he appealed to the Court of Appeal, challenging the trial court’s rejection of his application. The Court of Appeal considered the preliminary objection raised by the respondent challenging the filing of the appellant’s grounds of appeal without the leave of court being sought for as required by law to wit: section 242(1) of the Constitution of the Federal Republic of Nigeria, 1999, since it is an interlocutory appeal.