APPELLATE PRACTICE — Grounds of Appeal — Classification — Constitutional Requirement under Section 233(3)

"To determine whether leave is required under Section 233(3) of the 1999 Constitution as against appealing as of right has to be ascertained by reading the ground of appeal against the particulars of error together so as to crystallise the issues raised in the grounds and to see whether they relate to questions of law or facts simpliciter or are matters of mixed law and facts as it is not the tag put on a ground of appeal by a party that has to determine its fate in this regard. This requirement is a constitutional one so that dire consequences follow where the requirement of first seeking leave is breached. A further implication of Section 233(3) of the Constitution is that where leave is not sought, that is, where particularly it should, then the grounds of appeal are incompetent leading to want of jurisdiction of the Court to entertain such grounds."