LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Appeal Involving Questions of Law Alone — Leave Not Required for Interlocutory Decisions
PRINCIPLE STATEMENT
Section 241(1)(b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of Appeal where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC) at pp. 16–17; Paras E–A.
"Section 241 (1) (b) of the 1999 Constitution provides that an appeal may be as of right from the decisions of the High Court to the Court of Appeal in the following cases:— '(b) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings.'"
EXPLANATION / SCOPE
An appeal lies as of right to the Court of Appeal where the ground involves questions of law alone. This includes appeals from interlocutory decisions if the ground is purely legal. The principle applies to appellate practice. No leave is required for such appeals. The rule preserves the constitutional right of appeal on legal questions. The court must determine whether the ground truly raises questions of law alone, not mixed law and fact.