Ikponmwen V. Asemota & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED LAWAL GARBA, J.S.C. 

This appeal is against the decision of the Lagos Division of the Court of Appeal (lower Court) contained in the judgment delivered on the 14th May, 2015 by which the judgment of the Lagos State High Court entered against the Appellant, was affirmed.

There are seven (7) grounds of dissatisfaction with the decision by the lower Court as contained on the Notice of Appeal dated 10th but filed on the 11th August, 2015 (which appears at pages 778 – 783 of vol. 11 of the Record of Appeal) and in line with the requirements or the Rules of the Court, learned counsel for the parties filed briefs of argument for the prosecution of the appeal.

The Appellant’s Brief was filed on 9th February, 2016, deemed on 30th November, 2018, wherein the following issues are set out for determination by the Court:-

“3.1 ISSUE ONE: Where the lower Court was right to hold that the omission of the trial Court to pronounce on Issue One in the final written address of the Appellant did not occasion a miscarriage of justice. (Ground One).

3.2 ISSUE TWO: Where the lower Court was right to hold that the Respondents’ claim was not based on partnership simpliciter. (Grounds Two and Seven)

3.3 ISSUE THREE: Whether the lower Court was right to uphold the reliefs granted by the trial Court. (Grounds Three, Four and Six).

3.4 ISSUE FOUR: Whether the lower Court was right when it affirmed the finding of the trial Court to the effect that the Appellant and the Respondents did not reach any agreement on the amount to be paid, as professional fees, by the Appellant to the Respondents. (Ground Five).”

The Respondents’ Brief was filed on the 5th April, 2016, also deemed on the 30th November, 2016 and at paragraph 3.03 on page 7, the above issues are adopted.

Learned counsel for the parties adopted the briefs in support of their respective positions at the oral hearing of the appeal in Court on the 12th October, 2021 and judgment was reserved.

Before a consideration of the arguments canvassed in the briefs, I would like to carefully take a close look at the grounds of the appeal as shown on the Notice of Appeal which was filed as of right in order to be satisfied that the Court is properly seized of the requisite constitutional jurisdiction to entertain and adjudicate over the appeal, in view of the provisions of Section 233 (2) (a) and (3) of the Constitution (as amended). They provide that:-

“(2) An appeal shall lie from decision of the Court of Appeal to the Supreme Court as of right in the following cases-

(a) Where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal.”

(3) Subject to the provisions of Subsection (2) of this Section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with the leave of the Court of Appeal or the Supreme Court.”