APPELLATE PRACTICE — Right of Appeal — Interested Party Not a Party Below — Necessity for Leave
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Contract Resource Nig. Ltd & Anor v. UBA Plc (2011) NLC-123-292-2003(SC) at pp. 4—5; Paras C—A:
"Where a party who was not a party in the court below seeks to appeal to this court, he can only do so if he seeks and obtains leave from this court, and he would obtain leave if and only if he is able to satisfy this court that he is an interested party. … Section 243(a) of the Constitution makes leave a mandatory pre-condition that must be sought and obtained before an interested party can appeal."
Explanation / Scope
This principle establishes that a party not in the lower court must seek and obtain leave to appeal, which is granted only if the party is an interested party, as required by Section 243(a) of the Constitution. The principle applies where non-parties seek to appeal. It ensures that only interested parties appeal. The principle reflects the mandatory requirement for leave. It prevents non-parties from appealing without leave. The court must require leave. The principle provides guidance on right of appeal.