APPELLATE PRACTICE — Leave to Appeal — Failure to Obtain Leave — Consequence
Ratio Decidendi
Per Onnoghen, JSC, in Opuiyo & Ors v. Omoniwari & Anor (2007) NLC-123-131-2002(SC) at pp. 19–20; Paras E–A:
"The failure of the learned counsel for the appellants to file a reply brief to counter the arguments of the learned counsel for the respondents on the competence of the appeal amounts, in law, to a concession of the point being contended. I have carefully gone through the record and there is no evidence that any leave was obtained by the appellants before filing the instant appeal. In the circumstance it is my view that the appeal is, for that reason, incompetent and liable to be struck out."
Explanation / Scope
Failure to file a reply brief on the competence of an appeal amounts to a concession. Where leave is required and not obtained, the appeal is incompetent and will be struck out. The court has no jurisdiction to hear an incompetent appeal. This underscores the importance of complying with constitutional requirements.