Compulaw - 1st Indigenous Digital Law Library

Brief

Stare decisis – Doctrine of
Judgement – Presumption of regularity of
Raising Issues Suo Motu by Court – Conditions for
Record of Appeal
Court – When mistakes of will be visited upon a litigant
Filing fees – Remedies available and effect where inadequate fees are paid
Filing Fees – Responsibility of which party when inadequate filing fees are paid
Section 24 of the Court of Appeal Act
Section 30 of the Court of Appeal Act

Facts

The appellants commenced Suit No. PHC/1325/2006 at the Rivers state High Court hereinafter referred to as the trial court, seeking to enforce their fundamental human right. At the end of the trial, the court its decision delivered on 13th February 2009 found against the appellants.

Dissatisfied with the judgment of the trial court, appellants appealed to the court below, the Court of Appeal sitting at Port Harcourt. They tendered their Notice and Grounds of Appeal to the Registry of the court and on their being assessed the sum of (N3,100.00) three thousand one hundred naira, paid same and filed their Notice of Appeal, The receipt evidencing payment of the fees assessed by the trial court's Registry is reflected at page 46 of the supplementary record of Appeal.

With their record of appeal compiled and transmitted to the court below, parties thereto filed and exchanged their briefs of argument as required by the Lower Court's rules. On 11th March 2015 the Lower Court in the absence of the appellants and their counsel suo motu raised the issue of the adequacy of the filing fees paid by the appellants and having found the fees inadequate struck out the appeal.

Aggrieved by the aforesaid ruling the appellants have appealed to this court

Issues

Was the court of Appeal right to have held that the trial court's...

Ogwe V. Anor v IGP & Ors (2015) CLR 2(g) (SC)

Brief

Facts

Issues