APPELLATE PRACTICE ā Leave to Appeal ā Grounds of Fact or Mixed Law and Fact ā Necessity for Leave
Principle Statement
For this court to have jurisdiction to hear and determine an appeal before it, no leave is required where the grounds of appeal involves question of law alone and simpliciter. Where the questions involve facts or mixed law and fact, the leave of court must be first sought and obtained. In the latter circumstance where the required leave is not obtained, the grounds of appeal would be incompetent and liable to be struck out.
Ratio Decidendi (Source)
Per Muntaka-Coomassie, JSC, in Faith Enterprises Ltd v. B.A.S.F Nigeria Limited (2010) NLC-123-22-2002(SC) at p. 8; Paras DāE.
"For this court to have jurisdiction to hear and determine an appeal before it, no leave is required where the grounds of appeal involves question of law alone and simpliciter. Where the questions involve facts or mixed law and fact, the leave of court must be first sought and obtained. In the latter circumstance where the required leave is not obtained, the grounds of appeal would be incompetent and liable to be struck out."
Explanation / Scope
This principle establishes that leave is not required for grounds of law alone, but is required for grounds of fact or mixed law and fact. Failure to obtain leave renders grounds incompetent. The principle applies where the nature of grounds is in issue. It ensures that parties comply with procedural requirements. The principle reflects the distinction between types of grounds. It prevents appeals without proper leave. The court must strike out incompetent grounds. The principle provides guidance on the necessity of leave.
