APPELLATE PRACTICE ā Interlocutory Appeal ā Leave ā Appeal Against Interlocutory Decision Not as of Right
Principle Statement
Since the decision/Ruling of the court below, is interlocutory, an appeal such as the instant one, is not as of right and it is without the prior leave of either the court below or this Court, it is therefore, incompetent having regard to section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Adewunmi v. Oketade (2010) NLC-123-78-2001(SC) at pp. 8ā9; Paras EāA.
"Since the decision/Ruling of the court below, is interlocutory, an appeal such as the instant one, is not as of right and it is without the prior leave of either the court below or this Court, it is therefore, incompetent having regard to section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999."
Explanation / Scope
This principle establishes that an appeal against an interlocutory decision is not as of right; leave is required under Section 233(3). 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 constitutional provision. It prevents appeals without proper leave. The court must strike out incompetent appeals. The principle provides guidance on the requirement for leave in interlocutory appeals.
