LEGAL PRINCIPLE: APPELLATE PRACTICE – Leave to Appeal – Effect of Failure to Obtain Leave for Fresh Ground
PRINCIPLE STATEMENT
It is trite law that failure to obtain the leave of court, where necessary, to file a particular ground of appeal upon which an issue is raised for the resolution of the court renders both such grounds of appeal and the issue so formulated therefrom incompetent.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Oshatoba & Anor v. Olujitan & Anor (2000) NLC-331994(SC) at p. 13; Paras B–C.
"It is trite law that failure to obtain the leave of court, where necessary, to file a particular ground of appeal upon which an issue is raised for the resolution of the court renders both such grounds of appeal and the issue so formulated therefrom incompetent."
EXPLANATION / SCOPE
Where a ground of appeal requires prior leave of court—such as grounds of mixed law and fact from interlocutory decisions or grounds raising fresh issues—failure to obtain such leave renders both the ground and any issue formulated from it incompetent. The court will strike them out. This requirement ensures that only properly authorized challenges proceed, preventing parties from circumventing procedural safeguards. Leave is a jurisdictional prerequisite for certain appeals; without it, the appellate court lacks competence to entertain those grounds. Non-compliance cannot be cured by argument or acquiescence.