Saidu Adio V. Attorney General, Kwara State & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHINWE AGBO, J.C.A. (Delivering the Lead Ruling)

The appellant as claimant at the trial Court had sought to tender some documents which were rejected by the trial Court.

Dissatisfied with this decision the claimant filed this appeal. The parties exchanged briefs of argument. The 1st and 2nd Respondents issued a notice of preliminary objection and argued same in the Respondent’s brief. The objection is founded on the non-service on the 1st and 2nd Respondents of the appellant’s notice of appeal.

However, it is unnecessary to go into all that. This is because we consider the interlocutory appeal challenging the refusal to admit evidence as premature. Time does not run against any party on the issue of wrongful admission or refusal to admit evidence. The party is therefore expected to wait until the final determination of the case by the trial Court before exercising his right to appeal.

“A decision made by the trial Court on wrongful admission of evidence or wrongful rejection of evidence is part of the main trial and not an interlocutory decision unless a special case has been made in respect of the issue.”

See Onwe v. Nwa Ogbuinya (2001) 1 SC. (Pt. 1) 22, Ukpo v. Imoke (2009) 1 NWLR (Pt. 1121) P. 90, Statoil Nig. Ltd v. Inducon (Nig.) Ltd. & Anor (2012) LPELR – 7955 (CA).

Interlocutory appeals should be discouraged in circumstances such as this as they unnecessarily prolong and frustrate trials in first instance Courts. This appeal can comfortably await the determination of the trial at the High Court.

In the instant case the parties shall return to the trial Court and exercise their right of appeal after the trial Court has determined the suit before it. This appeal is hereby struck out.

There shall be no order as to costs.

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Other Citation: (2013)LCN/6637(CA)

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