Disable Preloader

CaseLaw

Aighobahi V. Aifuwa (1999) CLR 12(L) (CA)

Brief

  • Preliminary objection (How raised on appeal)
  • Admissibility
  • Document not complying with Illiterates protection law
  • Document prepared by Lawyer on behalf of an Illiterate

Facts

Applicants filed a motion praying the court of appeal for leave to file additional grounds of appeal; an order that the additional grounds of appeal be reflected in the applicants 'brief' of argument filed along with the motion and that same be deemed as properly filed and served on the respondents for due prosecution of the appeal.

Upon applicants' counsel moving the motion, respondents' counsel opposed the application arguing that the person who signed the original notice of appeal is an illiterate and that there was no jurat and consequently the document is invalid.

Applicants' counsel countered that the Court of Appeal Act and the Court of Appeal Rules govern all appeals and submitted that nowhere in the Act or Rules should the appellant subscribe to a jurat.

Issues

  • 1
    Whether both the original notice of appeal as well as the additional...
  • Read More