Tag Archives: practice and procedure

A single notice of appeal can be used to challenge multiple decisions of a court in a case.

 

Uchiv v. Sabo [2016] 16 NWLR (Pt. 1538) 264 at 295 paras. B-G, per Georgewill, JCA:

“It is thus the law that a party aggrieved with both decisions of a court at an interlocutory stage and the final determination of a case can conveniently and competently vide a single notice of appeal challenge both decisions in an appeal. It is, in my view, within his right so to do.”

Note:

The kind of scenario that plays out, thereby calling for a judicial clarification on the procedure on appeal is such that during the pendency of a case before judgment is delivered, the court often deliver a number of rulings on applications/arguments (both oral and written). These rulings can form the basis of an appeal by any aggrieved party.

As observed by the Court of Appeal in the instant case, an aggrieved party may very well await the final outcome of a case to determine whether to appeal against both the interlocutory and final decisions, should the final decision be unfavourable.

So the procedural question is whether a single notice of appeal suffices for the purpose of the appeal or whether separate notices of appeal should be filed challenging the separate decisions. Note that the separate decisions may be two separate rulings delivered on the same date or separate dates in the same case; or an interlocutory decision and then a final decision.

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