Ratio DecidendiRatio Decidendi


(2014) JELR 39789 (CA)    

Court of Appeal  ·  CA/L/1011/09 ·  11 Apr 2014 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
record of appeal
preliminary objection
supplementary record of appeal
case submission
trial court
credibility of witnesses
documentary evidence
points of law
appellant's supplementary record
decision of the lower court
evaluation of evidence
record of proceedings
registrar of the lower court
trial judge
evidence of pw5
honourable court
main application
notice of preliminary objection
paragraph counter affidavit
samuel chukwudumebi oseji
case law
determination of this appeal
following orders
issue of evaluation of evidence
joseph shagbaor ikegh
lead ruling
learned trial judge
lower court show
opposing party
order of this honourable court
paragraph affidavit
recording of the proceedings of the trial court
records of the lower court
rules of this honourable court
said decision
said record of appeal
scholarly presentation
sole issue
such further order
support of the application
supreme court
written address

SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Lead Ruling): The appellant filed a motion on notice dated the 26th April, 2013 wherein it prayed for the following orders:-

(1) An order of this Honourable court granting leave to the Appellant/Applicant to compile and file a supplementary Record of Appeal.

(2) An order deeming the Appellant's supplementary Record of Appeal already filed as properly filed and served.

(3) And for such further order or orders as this honourable court may deem fit to make in the circumstance.

The grounds for the application are as follows:-

(a) That the Registrar of the lower court has initially compiled and transmitted the Record of Appeal in line with the Rules of this honourable court.

(b) That upon studying the Record of Appeal, the Appellant/Applicant discovered that there were errors in the recording of the proceedings of the trial court dated 15th day of May 2008.

(c) That the Appellant/Respondent (sic) deposed to an affidavit to correct the said rec…

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