LEGAL PRINCIPLE: APPELLATE PRACTICE — Grounds of Appeal — Incompetence of Grounds of Fact or Mixed Law and Fact Without Leave

This establishes that grounds of appeal raising issues of fact or mixed law and fact are incompetent unless the appellant first obtains leave of the court (Court of Appeal or Supreme Court). Where such grounds are filed without requisite leave, they must be struck out. Once struck out, any arguments in the appellant’s brief supporting those grounds become irrelevant and cannot be considered. This serves: enforcing procedural requirements for appeals, preventing appellants from circumventing leave requirements, and ensuring appellate courts address only properly constituted grounds. This prevents: litigants from raising factual issues on appeal without permission, arguing struck-out grounds through the back door via briefs, and wasting judicial resources on incompetent grounds. The court cannot: consider arguments supporting struck-out grounds, treat incompetent grounds as mere irregularities, or overlook the absence of leave. Effect: An appellant wishing to appeal on facts or mixed law and fact must apply for and obtain leave before filing such grounds; failure to do so is fatal to those grounds and any associated arguments.