ALHAJI ALI MAINA v. ALHAJI YAHAYA ABDULLAHI (2013)LCN/6546(CA) In The Court of Appeal of Nigeria On Friday, the 29th day of November, 2013 CA/K/237/2005 RATIO ESSENCE OF A NOTICE OF APPEAL A valid and competent Notice of Appeal is the necessary foundation of a civil appeal to invoke the jurisdiction of Appellate Court. See the case of OKONKWO vs. INEC (2004) 1 NWLR (pt. 854) OR (2003) LEPLR/EP-CA/E/EPT/85/2003 where the Supreme Court relying on the case of AMADI VS. OKOLI (1977) 7 SC 57, per IDIGBE JSC, at page 58, stated that. “The Notice of appeal is very important document because it is the foundation of the appeal and if it is defective the Court of Appeal has inherent power to strike it out on the ground that it is incompetent…” The same view was expressed by the Supreme Court in the case of AKINLOYE VS. ADELAKUN (2000) 5 NWLR (Pt. 657) 530 at 535, where it held that: “a valid notice of appeal is a sine qua non to the competence of an appeal” See also BILAM DAMBAM VS. ARDO LELE (2000) 11 NWLR (Pt. 678) 413, where the Court of Appeal, per CHUKUEUEMEKA-ENEH JCA (as he then was) said: “The crucial position of this document (Notice of Appeal) in our appeal system is akin to the position the writ of summons occupies in ordinary civil action. It (Notice of Appeal) initiates appeal and where it suffers from any serious defect the appeal itself becomes defective and subject to be struck out as incompetent.” See also MOHAMMED VS. MARTINS ELECTRONICS COMPANY LTD (2009) LPELR – CA/K/189/M/06, where OREDOLA JCA, graphically, explained: “A notice of Appeal is the fulcrum, foundation substratum and alpha of any appeal. It is so foundational that where it is lacking or structurally deficient, the entire appeal becomes grounded and remains on the run way like an aircraft without wings and speed to take to air for flight to its destination. Where it manages to gather little speed or momentum, the flight must be aborted or the entire journey will end in fiasco.. AGU VS. ODOFIN (1992) 3 SCNJ 161/173; IBETO VS. AMINU (2007) 5 NWLR (Pt.1028) 446; DANMUSA VS. INUWA (2007) 17 NWLR (Pt.1063) 391 and CLEV JOSH LTD VS. TOKIMI (2008) 13 NWLR (Pt. 1104) 422”. PER ITA GEORGE MBABA, J.C.A. …...
ALHAJI ALI MAINA v. ALHAJI YAHAYA ABDULLAHI (2013)
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