LEGAL PRINCIPLE: APPELLATE PRACTICE — Leave to Appeal — Effect of Grant of Leave and Deeming Order
PRINCIPLE STATEMENT
The Court of Appeal having granted the respondent's prayer for leave to appeal without any objection was perfectly entitled to grant the deeming order deeming the notice of appeal as properly filed. Although retrospective, it was only intended to regularise the filing of the notice of appeal.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Williams v. Mokwe & Anor (2005) NLC-1952000(SC) at pp. 11–12; Paras D–A.
"Therefore the Court of Appeal having granted the respondent's prayer for leave to appeal without any objection by the appellant are perfectly entitled in my view, to grant the 3rd prayer deeming the notice of appeal filed on 28/7/94 by the respondent as properly filed in this case. And although it has retrospective application, it was only intended to regularise the filing of the notice of appeal carried out on 28/7/94."
EXPLANATION / SCOPE
A deeming order regularising a notice of appeal is valid when leave to appeal has been granted without objection. Retrospective effect is intended to regularise, not create new rights. The principle applies to appellate practice. The rule validates procedural regularisation.