LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Application for Leave to Appeal from High Court to Court of Appeal — High Court (Interlocutory Applications in Appellate Matters) Rules — Scope of Application — Distinction Between Appeals to High Court and Appeals from High Court
PRINCIPLE STATEMENT
Rule 2 of the High Court (Interlocutory Applications in Appellate Matters) Rules, 1956, which provides for interlocutory applications for appeals to be heard by the High Court, applies only to appeals yet to be heard by the High Court and not to appeals to be heard by courts after the High Court.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ewete v. Gyang (2003) NLC-251997(SC) at p. 13; Paras A–C.
"Rule 2 of the High Court (Interlocutory Applications in Appellate Matters) Rules, 1956, which provides that every interlocutory application in connection with or for the purpose of any appeal or proposed appeal to be heard by the High Court may be heard and disposed of before a court constituted either of not less than two Judges or a single Judge, is applicable only to appeals yet to be heard or decided by the High Court and not to appeals to be heard by courts after the High Court. The rule should be confined to interlocutory applications in connection with appeals to be heard by the High Court only."
EXPLANATION / SCOPE
The High Court (Interlocutory Applications in Appellate Matters) Rules apply only to appeals to the High Court. The principle applies to appellate procedure. Appeals from the High Court to the Court of Appeal are governed by different rules. The rule ensures proper jurisdiction. The court will apply the correct rules. The principle is well-established.