CONSTITUTIONAL LAW — Right of Appeal — Leave Requirement for Mixed Law and Fact
Principle Statement
By the Constitution, the Supreme Court cannot hear an appeal on grounds of mixed law and fact unless leave of the Court or the Court of Appeal is obtained. Where an appeal requires the leave of court and the leave is not sought and obtained, the appeal is incompetent and will be struck out. This is because a court of competent jurisdiction has no jurisdiction to hear an incompetent appeal.
Ratio Decidendi (Source)
Per Tobi, JSC, in Kashadadi v. Noma (2007) NLC-123-263-2000(SC) at p. 6; Paras B–D.
"By the Constitution, the Supreme Court cannot hear an appeal on grounds of mixed law and fact unless leave of the Court or the Court of Appeal is obtained. Where an appeal requires the leave of court and the leave is not sought and obtained, the appeal is incompetent and will be struck out. This is because a court of competent jurisdiction has no jurisdiction to hear an incompetent appeal."
Explanation / Scope
Appeals to the Supreme Court on grounds of mixed law and fact require prior leave. Without such leave, the appeal is incompetent and the court lacks jurisdiction. The leave requirement ensures that only deserving appeals reach the apex court. The court will strike out any appeal brought without the requisite leave.
