"The law is settled that a Court has no duty to hear an Appeal on an incomplete Record, especially when the missing portion is vital and material to the determination of the Appeal. In other words, this Court has no jurisdiction or competence to hear any Appeal on an incomplete Record. See Ekpempolo v. Edremoda (2009) LPELR-1089(SC) 1 at 40-41; (2009) 8 NWLR (Pt. 1142) 166, per Ogbuagu, JSC; & Okochi v. Animkwoi (2003) LPELR-2455(SC) 1 at 14 per Tobi, JSC; (2003) 18 NWLR (Pt. 251) 1; & Jack v. AG & Comm. For Justice, Rivers State (2013) LPELR-22867(CA) 1 at 11.

Also, Order 8 Rule 4 of the Court of Appeal Rules, 2011 (still Order 8 Rule 4 of the 2016 Rules) makes it mandatory for the Appellant to compile the records of all documents and exhibits necessary for his appeal and transmit same to this Court within 30 days after the Registrar's failure or neglect. Therefore, the failure of the Appellant to compile and transmit a supplementary record containing the Ruling of the trial Court delivered on 21-11-01, which Ruling is very material to the hearing of this Appeal, has rendered the Record of Appeal incomplete and the Appeal incompetent. As a result, since the issues raised in the Appeal cannot be effectually and completely determined in the absence of this vital Ruling, this Appeal is not ripe for hearing. Therefore, the order setting down the Appeal for Judgment is set aside, same having been based on the mistaken premise that the complete Record of Appeal was before this Court."

Per SANKEY, J.C.A. IN BALA & ANOR v. MOHAMMED CITATION: (2017) LPELR-44038(CA)