UNIT 12

APPEALS IN CIVIL LITIGATION

Appeals are a fundamental aspect of civil litigation that allow parties dissatisfied with a judgment to seek a review by a higher court. The purpose of an appeal is not to re-hear the entire case but to address alleged errors made during the trial process. See the federal high court act which governs appeals from decisions of the federal high court, the court of appeal act which regulates the procedures and powers of the court of appeal and the supreme court act which governs appeals to the supreme court, including procedures and jurisdiction. An appeal can be based on several grounds, including the following:

1. Error of law: this is where the trial court misinterprets or incorrectly applies the law. See the case of Ogunleye v. Nigerian Army (1989) 2 NWLR (Pt. 104) 11 where the court discusses the grounds for appeal based on errors of law.
2. Error of fact: this is where the trial court makes a mistake about the facts of the case.
3. Procedural irregularities: this is where there are significant procedural mistakes that affect the outcome.
4. Unfair trial: this is where the trial process is conducted in a manner that prejudices the appellant's case.

In Nigeria, appeals from civil judgments are heard by different levels of courts, depending on the court of first instance and the nature of the appeal. the courts includes the following:

1. Court of appeal: this is the primary appellate court for civil cases, which reviews decisions made by high courts, federal courts, and certain specialized tribunals.
2. Supreme court: this is the highest appellate court in Nigeria, which hears appeals from the court of appeal. It has the final say on matters of law and can set precedents binding on all lower courts.

PROCEDURE FOR APPEAL

1. Filing a notice of appeal: To initiate an appeal, the appellant must file a notice of appeal. This document informs the court and the opposing party of the intention to appeal. The notice of appeal must be filed within the prescribed time limit which is 30 days from the date of judgment or order for high courts provided under order 39 rule 1 of the high court civil procedure rules and 60 days from the date of judgment or order for the court of appeal provided under section 24 of the court of appeal act.
2. Preparation of record of appeal: The appellant must ensure that a record of appeal is prepared. This includes the trial court's judgment, the evidence presented, and any other relevant documents. The record must be compiled and transmitted to the appellate court.
3. Appeal briefs: Both parties must file briefs of argument outlining their case. The appellant’s brief should specify the grounds of appeal and the legal arguments supporting them. The respondent’s brief will address these points and argue why the lower court's decision should be upheld.
4. Hearing of the appeal: The appellate court will schedule a date for hearing the appeal. During the hearing, both parties will present their arguments based on their briefs. The court will review the records, consider the arguments, and may ask questions.

STANDARD OF REVIEW

Appellate courts generally apply different standards of review depending on the nature of the appeal. See the case of Afolabi v. Nigerian National Petroleum Corporation (1999) 11 NWLR (Pt. 626) 305 where the court addresses the standard of review applied by appellate courts. These can include the following:

1. Questions of law: this is where the appellate court reviews de novo, that is, from the beginning, without deference to the lower court’s legal conclusions.
2. Questions of fact: this is where the appellate court defers to the trial court’s findings unless they are clearly erroneous or unsupported by evidence.
3. Procedural issues: this is where the appellate court reviews whether there were significant procedural errors affecting the fairness of the trial.

OUTCOMES OF AN APPEAL

The possible outcomes of an appeal can include the following:

1. Affirmation: this is where the appellate court agrees with the lower court’s decision and upholds it.
2. Reversal: this is where the appellate court disagrees with the lower court’s decision and overturns it.
3. Remand: this is where the appellate court sends the case back to the lower court for further proceedings or a new trial, with instructions for correcting errors.

CONCLUSION

Appeals are crucial for ensuring justice and correcting errors in civil litigation. Understanding the procedure, grounds, and standards of review can significantly impact the outcome of an appeal. Parties involved in appeals should be aware of the relevant laws and rules to effectively navigate the appellate process.