APPEALS

Question 1

A decree order Absolute for the dissolution of marriage in favour of a party who failed to appeal against the order nisi is only appealable on?

Answer 1

It is only appealable on leave

Question 2

The two tests to determine a final and interlocutory decision of the court is?

Answer 2

1. The Nature of the proceeding before the court.
2. The Nature of the order made by the court

Question 3

The time within which to appeal a final decision is?

Answer 3

Three (3) months

Question 4

The time within which to appeal an interlocutory decision is?

Answer 4

14 days

Question 5

Where do you file motion for extension of time? What type of motion is it?

Answer 5

1. You file at the appellate court.
2. Motion on notice + Affidavit + Written Address

Question 6

When is Trinity prayers used?

Answer 6

It is used when an appeal requires leave

Question 7

A party that has right to appeal would be required to file what? At where? And why?

Answer 7

1. He will file notice of appeal
2. At the trial court
3. Because appeal is as of right and the appellant is within time

Question 8

Committal for contempt is ……..?

Answer 8

It is a final decision. Avobokun V Adeyemi

Question 9

Explain the case of Ugo v Ugo and the current case of Geophysique v Eronimi

Answer 9

In the case of Ugo v Ugo, it was held that a decision on Jurisdiction is a final decision. However in the more recent case of Geophysique v Eronimi, it was held that the decision on just depends on the ruling;
If the trial court upholds it and ergo strikes out the case, it is a final decision. However if it overrules it, that means there is a pending suit, that means the decision is an interlocutory decision

Question 10

Appeals may be?

Answer 10

Appeals may be as of right and as of leave

Question 11

Who can be an appellant?

Answer 11

1. A party to the case at the lower court
2. With the leave of the court, any other person having an interest in the matter

Question 12

Instances of Appeal as of Right

Answer 12

1. Final decisions in any civil proceedings from the Federal High Court, High Court or National Industrial Court sitting at first instance.
2. Appeals on which the ground is on questions of law.
3. Decision in any civil proceedings on the interpretation and application of the constitution
4. Decision in any civil proceedings as to wether the provisions of Chapter IV is being, or likely to be contravene in relation to any person.
5. Decisions of the National Industrial Court on questions of Fundamental rights are appealable as of right to the Court of Appeal