Court of Appeal 9th June, 2014.
Justices: Clara Bata Ogunbiyi, JCA, Jummai Hannatu Sankey, JCA
Massoud Abdulrahman Oredola, JCA
Subject Matter(s):
Litigant Not to be Held Responsible for Inadequate Assessment Except He Had Knowledge of Mistake
Default of Court Official to Ensure Payment of Filing Fees Not to Be Laid on Party
Non-Payment of Appropriate Fees is Not an Issue of Jurisdiction and Will Not Vitiate Proceedings
Difference Between Inadequate and Non-Payment of Filing Fees and the Effect
Court Do Not Speculate
Hearing of Case on the Merits
Order Made Without Jurisdiction Distinguished from Irregularity in Proceedings
Judge Not Permitted to Embark on Inquisitorial Examination of Documents Outside the Court Room
Where Appeal is Wrongly Headed but Parties Are Not in Doubt
Incompetent Notice of Appeal Can be Regularized
Breach of Rules in Filing Brief is Mere Irregularity
Party Acquiescing to Irregularity Cannot Complain on Appeal
Party Who Fails to Object to Admissibility of Document During trial Precluded on Appeal
It is Not Every Witness Who Testifies in the Native Language that is Illiterate
Absence of Illiterate Jurat
An Illiterate May Dispose of His Land Without Complying with the Statute
It is for the Illiterate to Complain of Non-Compliance and Not an Outsider
Burden of Proof of Illiteracy
Final Order: Appeal Dismissed