LEGAL PRINCIPLE: APPELLATE PRACTICE – Leave to Appeal – Necessity for Leave Where Grounds Are of Fact or Mixed Law and Fact
PRINCIPLE STATEMENT
Where grounds of appeal are of mixed law and fact or facts simpliciter, leave must be sought and obtained to render them competent.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Orakosim & Ors v. Menkiti (2001) NLC-811995(SC) at pp. 12–13; Paras E–A.
"Where grounds of appeal are of mixed law and fact or facts simpliciter, leave must be sought and obtained, to render them competent for the purposes of the appeal for which they were filed."
EXPLANATION / SCOPE
Appeals on grounds of fact or mixed law and fact require prior leave of court. Grounds of law alone may be filed without leave. The requirement ensures that appellate courts are not burdened with appeals that lack merit or raise only factual disputes. Leave is discretionary; the applicant must show substantial justification. Failure to obtain leave renders the ground incompetent. The court may strike out such grounds. The principle applies to appeals to the Court of Appeal and further appeals to the Supreme Court. The distinction between law and fact is critical. The appellant must correctly classify grounds and obtain leave where required. The rule promotes judicial efficiency.
