LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Discretion of Court of Appeal
PRINCIPLE STATEMENT
The Court of Appeal has the discretion in granting or refusing an application for leave to appeal as an interested party, and any such discretion exercised remains valid unless shown to have been wrongly exercised on erroneous principles or tainted with illegality.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Williams v. Mokwe & Anor (2005) NLC-1952000(SC) at p. 15; Pars B–C.
"By virtue of the provisions of Section 222 (a) of the 1979 Constitution which is applicable to this case, the Court of Appeal has the discretion in granting or refusing an application before it for leave to appeal as an interested party and any such discretion exercised by it remains valid unless it is shown to have been wrongly exercised on erroneous principles or tainted with illegality."
EXPLANATION / SCOPE
The Court of Appeal’s discretion on leave applications is valid unless wrongly exercised or tainted with illegality. The principle applies to appellate practice. The rule limits appellate interference. The applicant must show erroneous principles or illegality.