Appeals in Civil Matters

What is an Appeal?

An appeal is a review of the decision of a lower court by a higher court, at the instance of an aggrieved party, to correct errors and mistakes – Oredoyin v Arowolo.

The appellate court will look at the law and facts of the case to determine whether the decision was made according to law.

Reliefs at the End of an Appeal

The lower court’s decision may be:

1. Affirmed;
2. Set aside; or
3. Reversed.

Right of Appeal

Who Can Exercise the Right of Appeal

Category	Right	Authority
Parties to an action	Appeal as of right - provided aggrieved by decision	Awojobi v Ogbemudia
Person interested in the judgment	Appeal with leave of court - interest must be definite, direct, prejudicially affected (not general public interest)	Owena Bank v NSE; S243 CFRN

General Features of an Appeal

Rehearing – Onochie v Ogbechie

Generally no witness is recalled. The appellate court looks at the printed records of appeal to determine the correctness of the decision based on facts and applicable law - correcting substantial errors, omissions or injustice.

Legislation Governing Appeals

1. CFRN 1999 (as amended);
2. Court of Appeal Act;
3. Court of Appeal Rules 2021;
4. Court of Appeal (Fast Track) Practice Directions 2021.

Constitution of the Court of Appeal

Generally, the CA is constituted by a panel of not less than 3 justices.