Ratio DecidendiRatio Decidendi



UGBA & ANOR
V.
SUSWAM & ORS

(2011) JELR 45891 (CA)    

Court of Appeal  ·  CA/MK/EPT/15/2011 (REASONS) ·  27 Oct 2011 ·  Nigeria
CORAM
MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appeal
grounds
suit
live issue
notice of appeal
supreme court
senior counsel
determination of this appeal
1st respondent
appeal no. ca
decision of this court
issues
mere academic exercise
pending petition
preliminary objection
2nd respondent
3rd respondent
court practice direction
election tribunal
judgment of this hon
substantive petition
abuse of court process
d-a
decision of the trial tribunal
decision of this hon. court
dismissal order
dismissed petition
dr. a.a. ijohor
following cases
fresh grounds
g-c
hypothetical suit
incompetent grounds of appeal
judicial authority
jurisdiction of this hon. court
leave of this court
notices of appeal
paras c-e
paras c-h
peoples democratic party v
per uwaifo jsc
petition of the appellants
plateau state of nigeria
practical situations of human nature
respective respondents
senior counsel's further submission
speculative decision

REASONS DELIVERED BY UCHECHUKWU ONYEMENAM: The reasons for the judgment I delivered on 18th October, 2011, are herein given.

The grounds upon which the respective respondents raised their preliminary objection are set out hereunder; 1st respondent:

"(a) The Appellants' Notice of Appeal dated 08/09/2011 and filed on 09/09/2011, relied upon in this appeal, was filed more than 14 (fourteen) days after 19/08/2011 when the ruling complained of in this appeal was delivered and no leave was sought or secured;

(b) The Appeal has become academic since the substantive petition had been dismissed for reasons other than reasons complained of in this appeal;

(c) The Appellants' brief contravenes paragraph 14 of the Election Tribunal and Court Practice Direction, 2011 and is therefore incompetent;

(d) Grounds 1 and 6 of the Notice of Appeal are incompetent as they are fresh grounds not taken of the Tribunal and no leave of this Court has been obtained to argue some.

(e) Issues 1 and 4 formulated b…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login