(2000) JELR 44202 (CA)    

Court of Appeal  ·  CA/PH/176/94 ·  17 Feb 2000 ·  Nigeria
Other Citations
Arinze v. Afribank (Nig.) Plc (2000) 7 NWLR (Pt.665)383
Arinze v. Afribank (Nig.) Plc (2000) 7 NWLR (Pt. 665) 383
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA A KPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
judicial division
convenient venue
preliminary objection
port harcourt
order vii rule
federal high court
notice of appeal
broad street
federal high court rules
momodu ii
place of residence
case of improper venue
civil procedure
senior advocate
application of undisputed facts
case of ifediorah v
cases of ojemen
competency of a notice of appeal
complain of the appellant
complaint of any disputed fact
construction of order vii rule
decision of the learned trial judge
detailed reasons
discussion of the first ground of appeal
exercise of his discretion
first provision of the section
grounds of objection
issue of most convenient arrangement
mixed law
particular of the error
place of residence of the respondents
port harcourt judicial division
present case
raises issue
rules of this court
said affidavit
said rule
second ground
second part of the rule
second provision
separate paragraphs of the main ground
subordinate clause
transfer of the case of the lagos

AKPIROROH, J.C.A. (Delivering the Leading Judgment): I will first of all consider the preliminary objection of learned Counsel for the respondents on the competency or the notice of appeal. The grounds of objection are as follows:-

(a) Raises issue or mixed law and fact for which I have is required but was not sought or obtained.

(b) Ground 2 of the Notice of Appeal contains no particulars.

On ground one, learned Counsel for the Respondents submitted that in determining the competency of a notice of appeal, the Court should not look at the Notice of Appeal alone, but the application which gave rise to the decision being appealed against and the judgment. It was further contended that the Court should determine from its own examination of the Notice of Appeal the nature of the grounds of appeal i.e. whether they are of law, mixed law and fact or of fact alone and that the Court should not rely on the Appellant's description of the ground of appeal in determining its nature.

Reliance w…

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