Nigerian Gas Company Ltd & Anor V. Saipen Contracting (Nig) Ltd. & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME (Ph.D) J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Federal High Court Port Harcourt Judicial Division delivered on the 22/1/2002 wherein the court held that the 1st & 2nd Appellants’ (Defendants at the lower court) application challenging the jurisdiction of the court was pre-mature.

On the 19/2/13 when this appeal came up for hearing, counsel adopted their respective briefs of argument. After the adoption of briefs by counsel in this appeal, the court discovered that there was nothing on record to show that the prescribed fees were paid for the filing of the Notice of Appeal. In answer to the question put to him by the court counsel for the Appellants C. M. Isiodu Esq. admitted on record that the appropriate filing fees for the Notice of Appeal was not paid.

Order 3 Rule 25 of the Rules of this court 2002 in its 3rd Schedule under which the Notice of Appeal was filed provides for N500.00 (Five Hundred Naira) as filing fees for Notice of Appeal.

Only the receipt number was given on the said Notice of Appeal and no more.

Order 6 Rule of 7 of the 2011 Rules of this court provides thus:

“The Registrar of the court below SHALL endorse on the Notice of Appeal the fees paid thereon, receipt number and the date of payment.”

That this was not done or reflected on the Notice of Appeal is a clear testimony that fees were not paid as required by the Rules.

Even though counsel adopted their briefs in this appeal, the non payment of the appropriate fees for the filing of the Notice of Appeal in this case has rendered this appeal incompetent. There is therefore no reason to go into the merits of this appeal.

Therefore, even though counsel in this case adopted their briefs, an appeal that is incompetent cannot be said to be heard.

Order 6 Rule 6 of the 2011 Rules of this court gives the court the power strike out a Notice of Appeal when the Appeal is not competent or for any other sufficient reason.

This appeal falls squarely under appeals labelled incompetent. It ought therefore to be struck out. It is accordingly struck out.

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Other Citation: (2013)LCN/5947(CA)

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