LEGAL PRINCIPLE: APPELLATE PRACTICE – Interlocutory Appeals – Requirement of Leave to Appeal Out of Time
PRINCIPLE STATEMENT
Ordinarily, where an appellant failed to appeal against an interlocutory order or ruling of a trial court within the time prescribed by S. 25(2)(a) of the Court of Appeal Act 1976, he must obtain the leave of court for his appeal to be competent.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at p. 13; Paras B–C.
"Ordinarily, where an appellant failed to appeal against an interlocutory order or ruling of a trial court within the time prescribed by S. 25(2)(a) of the Court of Appeal Act 1976, he must obtain the leave of court for his appeal to be competent."
EXPLANATION / SCOPE
An appellant who fails to appeal an interlocutory order within the prescribed time must obtain leave of court for the appeal to be competent. The Court of Appeal Act sets time limits for filing interlocutory appeals. Failure to comply renders the appeal incompetent unless leave is granted. Leave is discretionary; the court considers the length of delay, reasons for delay, and merits of the appeal. The requirement ensures timely challenges to interlocutory rulings. However, where the challenge to an interlocutory ruling is brought as part of an appeal against the final judgment, different rules may apply. The principle prevents abuse of appellate process through delayed interlocutory appeals.
