APPELLATE PRACTICE — Leave to Appeal — Interested Party — Failure to Obtain Leave Renders Appeal Incompetent
Ratio Decidendi
Per Mukhtar, JSC, in Contract Resource Nig. Ltd & Anor v. UBA Plc (2011) NLC-123-292-2003(SC) at p. 10; Paras A—C:
"The law requires that a party who was not a party in the lower courts and seeks to appeal against a decision of which he did not take part in the proceedings, to seek and obtain leave to be a party in an appellate court. In the instant case, Contract Resource Nigeria Ltd did not obtain such leave, and so he lacks locus to be an appellant in this court. In the circumstance that leave was not obtained the appeal becomes incompetent."
Explanation / Scope
This principle establishes that a party not in the lower court must obtain leave to appeal; failure renders the appeal incompetent. The principle applies where non-parties seek to appeal. It ensures that only proper parties appeal. The principle reflects the requirement for leave. It prevents non-parties from appealing without leave. The court must strike out incompetent appeals. The principle provides guidance on leave to appeal.Party not in lower court must obtain leave to appeal; failure renders appeal incompetent