Compulaw - 1st Indigenous Digital Law Library

Brief

Record of Appeal – Whether court can hear appeal where records are incomplete
Record of Appeal – Effect of appellant sending own version of records
Record of appeal – need to be duly compiled, authenticated and certified as prescribed by law
Affidavit – averment therein not denied – effect of
Order 7 Rule 7 (2) of the Practice Direction 2013
Section 111(1) of the Evidence Act

Facts

This appeal entails an application by the appellant asking for an order of the Supreme Court allowing for hearing the said appeal based on the appellant's brief of argument alone since the respondent had willfully neglected to file and serve the respondent's brief of argument.

The application was supported by a six paragraph affidavit.

The respondent filed a Counter Affidavit while the respondent the EFCC also filed a motion on 11/5/17 seeking the following orders:

a
An Order setting aside the Record of Appeal compiled by the appellant.
b
An Order compelling the Registrar of the Court of Appeal to come up with the authentic Record of Appeal.
c
And for such other Order or Orders as the Honourable Court may deem fit to make in the circumstances.

The Court ordered parties to file addresses and the two motions were heard together.

Issues

Whether this Honourable Court can use the Record of Appeal transmitted...

Ukiri V. EFCC (2018) CLR 1(p) (SC)

Judgement delivered on Janaury 26th 2018

Brief

Facts

Issues