NDK FINANCIAL SERVICES LIMITED V. JOSEPH ADE COKER

JUDGMENT

APPAU, JSC:-

The substantive appeal before us is an appeal against the ruling of the Court of Appeal in respect of an appeal brought before it against the ruling of the High Court in a post-judgment proceeding. When the appeal came up for hearing in this Court on the 5^th of December 2018, the Court, in the exercise of its jurisdiction under Rule 6 (8) of the rules of this Court; i.e. C.I. 16 of 1996, invited both counsel in the case to address it on whether or not our jurisdiction had been properly invoked. The order we made specifically was; Whether or not the appeal complies with article 131 (2) of the 1992 Constitution.

Article 131 (1) and (2) of the Constitution provides:

“131. (1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court – (a) as of right in a civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its original ju…