LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court to Court of Appeal — High Court Sitting in its Appellate Jurisdiction — Necessity for Two Judges

"It is now well settled that the High Court of Plateau State, indeed the High Courts of the States from which the former Northern Region of Nigeria were created, in the exercise of their appellate jurisdiction to hear and determine appeals from the Upper Area Courts shall be constituted of two Judges of the High Court. An interlocutory application for leave to appeal to the Court of Appeal, such as is the case in the present appeal, must be distinguished from an interlocutory application in connection with or for the purpose of an appeal or proposed appeal to be heard and determined by the High Court in the exercise of its appellate jurisdiction under section 62 of the High Court Law of Northern Nigeria, Cap. 49 of 1963. The former which concerns an interlocutory application in connection with or for the purpose of an appeal or proposed appeal to be heard and determined by the Court of Appeal is clearly in no way covered by the provisions of the said rule 2 of the High Court (Interlocutory Applications in Appellate Matters) Rules."