n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Ogunsola V. NICON (1996) CLR 1(I) (SC)

Judgement delivered on September 29th 1988

Brief

  • Brief writing
  • Issues for determination
  • Raising fresh issues on appeal

Facts

Appellant's (as plaintiff) had sued respondent but their claims were dismissed. Dissatisfied, appellants appealed.

Appellants had earlier brought an application in the High Court asking for an order that the status quo ante the Judgment (of the High Court) be maintained pending the determination of the appeal. Application was granted

Dissatisfied, the respondents appealed. Briefs of argument were subsequently filed in respect of the main appeal but not the interlocutory appeal. While the interlocutory appeal brought by the respondent was pending, the main appeal came up for hearing. The court of Appeal however, proceeded to determine the substantive appeal by considering the grounds of appeal filed by the respondent in respect of the interlocutory appeal instead of that filed by the appellant in the substantive appeal and subsequently gave judgment in favour of the respondent.

Issues

Whether the court of Appeal considered and can be seen to have considered...

Read More