APPELLATE PRACTICE ā Grounds of Appeal ā Grounds of Law ā Leave Not Required
Principle Statement
The nine grounds of appeal contained in the Notice of Appeal dated 15/10/2008 being grounds of law they do not require leave of court as prescribed by Section 233(3) of the 1999 Constitution; and so the provisions are inapplicable in the circumstances. It also follows that the Notice of Appeal dated 15/10/2008 is valid and competent as well as extant.
Ratio Decidendi (Source)
Per Chukwuma-Eneh, JSC, in General Electric Company v. Akande & Ors (2010) NLC-3372008(SC) at p. 8; Paras DāE.
"The nine grounds of appeal contained in the Notice of Appeal dated 15/10/2008 being grounds of law they do not require leave of court as prescribed by Section 233(3) of the 1999 Constitution; and so the provisions are inapplicable in the circumstances. It also follows that the Notice of Appeal dated 15/10/2008 is valid and competent as well as extant."
Explanation / Scope
This principle establishes that grounds of law do not require leave under Section 233(3) of the Constitution. A notice of appeal consisting of grounds of law is valid and competent without leave. The principle applies where grounds are classified as law. It ensures that appeals on points of law are not subject to leave requirements. The principle reflects the constitutional provision. It prevents unnecessary procedural hurdles for law grounds. The court must determine if grounds are of law. The principle provides guidance on the requirement for leave.
