APPELLATE PRACTICE — Notice of Appeal — Competence of Appeal — Regularisation by Leave
Ratio Decidendi
Per Fabiyi, JSC, in Bilante Int'l Ltd v. NDIC (2011) NLC-123-177-1996(SC) at p. 4; Paras B—E:
"The contention of the appellant is that there was no proper notice of appeal before the court below to activate the hearing of the appeal thereat. Notice of appeal dated 10th October, 1995 was filed to activate the appeal at the court below by the respondent which compiled the Records of Appeal. Leave of the court was sought for departure from the Rules to use same for hearing the appeal. The application was granted on 22nd November, 1995."
Explanation / Scope
This principle establishes that a notice of appeal is required to activate an appeal, and where there is a departure from the Rules, leave of court may be sought and obtained to regularise the process. The principle applies in appellate practice. It ensures that appeals are properly activated. The principle reflects the requirement for a valid notice of appeal. It allows for regularisation by leave. The court must consider the application. The principle provides guidance on notice of appeal.