APPELLATE PRACTICE — Competence of Appeal — Grounds of Appeal — Mixed Law and Fact — Leave Required
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at pp. 3—4; Paras E—A:
"The senior counsel for the Respondent, with respect to the preliminary objection, initially maintained that since the present appeal arose from the interlocutory decision of the Court of Appeal made on May 10th, 2007, leave of the court below or this court ought to be obtained before filing the Notice of Appeal. He placed reliance on the provisions of Section 21 (2) of the Supreme Court Act. Senior counsel submitted that since the Appellants failed to obtain the requisite leave, the entire Notice of Appeal and the appeal are incompetent and should be struck out or dismissed."
Explanation / Scope
This principle establishes that an appeal from an interlocutory decision requires leave of the court below or the Supreme Court before filing the notice of appeal, and failure to obtain leave renders the appeal incompetent. The principle applies where interlocutory decisions are appealed. It ensures that leave requirements are complied with. The principle reflects the mandatory nature of leave. It prevents appeals without leave. The court must strike out incompetent appeals. The principle provides guidance on competence of appeals.