APPELLATE PRACTICE ā Interlocutory Appeals ā Grounds of Mixed Law and Fact ā Requirement of Prior Leave
Ratio Decidendi
Per Ogbuagu, JSC, in Union Bank of Nigeria Plc v. Sogunro & Ors (2006) NLC-123-124-2001(SC) at pp. 6ā7; Paras DāA:
"It is now firmly settled that any ground of fact or mixed law and fact in an interlocutory appeal from the High Court to the court below, will be incompetent except with the prior leave of either the trial court or of the court below first sought and obtained. That is the essence or intendment of Sections 220(1)(b) and 221(1) of the 1979 Constitution of the Federal Republic of Nigeria now Sections 241(1)(b) and 242(1) of the 1999 Constitution of the Federal Republic of Nigeria."
Explanation / Scope
Interlocutory appeals on mixed law and fact require prior leave. The principle applies to appellate practice.