LEADERSHIP GROUP LIMITED & ANOR v. TAHIR FADLALLAH & ANOR
(2019)LCN/13166(CA)
In The Court of Appeal of Nigeria
On Thursday, the 2nd day of May, 2019
CA/K/309/2016
RATIO
APPEAL: NOTICE OF APPEAL: DEFINITION
A Notice of appeal is not just the foundation, substance and the bedrock of a process, it defines and delimits the scope of that appeal by reference to the date the decision appealed against was made or given, the point or points raised by way of complaints or grounds of complaints, in relation to that decision as well as the reliefs prayed for in the event that the appeal was a success.PER SAIDU TANKO HUSSAINI, J.C.A.
APPEAL: A JUDGMENT CANNOT BE GIVEN BASED ON AN INCOMPLETE NOTICE OF APPEAL
It follows therefore that in the absence of the judgment to which the Notice of Appeal relates, being found, it stands to reason that the record of appeal before us is incomplete and an appeal cannot be heard or taken and a decision given based on an incomplete record of proceedings of the trial Court or upon an incomplete record of appeal. See: Ault & Wiborg (Nig.) Ltd. v. Nibel Industry Ltd (2010) 11 NLWR (Pt. 1220) 486, 496; Chief Okochi & 20 Ors. v. Chief Animkwoi & Ors. (2003) 18 NWLR (pt. 251) 1 or (2003) 2 SCNJ 260, 271.PER SAIDU TANKO HUSSAINI, J.C.A.
JUSTICE
OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria
SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
JAMES GAMBO ABUNDAGA Justice of The Court of Appeal of Nigeria
Between
1. LEADERSHIP GROUP LIMITED
2. BABA EL-NAFATYAppellant(s)
AND
1. TAHIR FADLALLAH
2. TAHIR GUEST PALACE LIMITEDRespondent(s)
SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State. By the Amended Notice of appeal, the document which commenced the appeal process and filed on the 9th February, 2016, with leave of this Court sought and granted, the respondents, accordingly, were put on Notice thus:-
Take Notice that the appellants being dissatisfied with the decision of High Court No. 12 of Kano State in Suit No. K/316/2013 TAHIR FADALLAH & ANOR. V. THE LEADERSHIP GROUP LIMITED & ANOR. contained in the decision of Hon. Justice A. M. Bayero delivered on the 4th day of April, 2016 doth hereby appeal to the Court of appeal on the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4
By the said Notice of appeal as amended, it is abundantly clear to me that the appeal in the instant, is against the decision or judgment of the Kano State High Court delivered on the 4th April, 2016 and none other.
The original Notice of appeal dated and filed on the 6th April, 2016 (at pages 282-286 of the record
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of appeal) further lend credence to this point that the appeal indeed is against the decision of the High Court of Kano State delivered on 4th April, 2016.
I have combed through the entire record before us, compiled and transmitted to this Court on the 21st June, 2016 but cannot find any semblance of a judgment delivered on the 4th April, 2016 in the said record, supposedly the cynosure of all eyes in the circumstances such as this.
A Notice of appeal is not just the foundation, substance and the bedrock of a process, it defines and delimits the scope of that appeal by reference to the date the decision appealed against was made or given, the point or points raised by way of complaints or grounds of complaints, in relation to that decision as well as the reliefs prayed for in the event that the appeal was a success.
I am not unmindful of the process or the proceedings contained at pages 263-281 of the record of appeal as the Judgment pronounced or delivered on 30th March, 2016 but this not being the subject of the appeal before us vide the Notice of appeal under reference, the same cannot be countenanced as the judgment appealed
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against.
It follows therefore that in the absence of the judgment to which the Notice of Appeal relates, being found, it stands to reason that the record of appeal before us is incomplete and an appeal cannot be heard or taken and a decision given based on an incomplete record of proceedings of the trial Court or upon an incomplete record of appeal. See: Ault & Wiborg (Nig.) Ltd. v. Nibel Industry Ltd (2010) 11 NLWR (Pt. 1220) 486, 496; Chief Okochi & 20 Ors. v. Chief Animkwoi & Ors. (2003) 18 NWLR (pt. 251) 1 or (2003) 2 SCNJ 260, 271.
Paradventure the appeal was taken or argued, and facts came to the limelight thereafter indicating that the record is indeed not the complete record it was supposed to be, the status of the appeal still remain the same as an appeal heard or argued upon an incomplete record. Such appeal must be struck out without much ado. This is the hard and painful reality that we are confronted with in this current appeal case, hence the same, that is, Appeal No. CA/K/309/2016 is struck out.
OBIETONBARA O. DANIELKALIO, J.C.A.: I have read the Judgment of my learned brother SAIDU
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TANKO HUSSAINI JCA striking out the appeal for being incompetent. I agree.
JAMES GAMBO ABUNDAGA, J.C.A.: I have read in advance the terse Judgment, delivered by my learned brother, Saidu Tanko Hussaini, JCA.
I share his reasoning that for the reasons given by my learned brother in the Judgment, the only option is to strike out this appeal. It is accordingly struck out.
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Appearances:
Izuchukwu Oziogu, Esq.For Appellant(s)
Ahmed Raji SAN, with him, Abdulkarim K. Maude, Esq.For Respondent(s)
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Appearances
Izuchukwu Oziogu, Esq.For Appellant
AND
Ahmed Raji SAN, with him, Abdulkarim K. Maude, Esq.For Respondent
