APPELLATE PRACTICE — Preliminary Objection — Grounds of Appeal — Leave to Appeal on Mixed Law and Fact — Effect of Leave Granted
Ratio Decidendi
Per Fabiyi, JSC, in Best (Nig) Ltd v. Blackwood Hodge (Nig) Ltd & Ors (2011) NLC-123-31-1999(SC) at p. 4; Paras B—D:
"It is extant in the records of this court that the desired leave to appeal on grounds other than law alone was granted in chambers on 3rd November, 2003. There is a sealed Order to that effect. … In effect, grounds 1, 2 and 3 of the grounds of appeal are competent and remain inviolate."
Explanation / Scope
This principle establishes that where leave to appeal on grounds other than law alone has been granted, the grounds of appeal are competent. The principle applies where leave is granted. It ensures that grounds are competent. The principle reflects the effect of leave. It prevents objections to grounds where leave was granted. The court must recognize the leave. The principle provides guidance on leave to appeal.