APPELLATE PRACTICE — Leave to Appeal — Grounds of Mixed Law and Fact — Necessity for Leave under Section 233(3) of the 1999 Constitution
Ratio Decidendi
Per Oguntade, JSC, in Opuiyo & Ors v. Omoniwari & Anor (2007) NLC-123-131-2002(SC) at p. 8; Paras A–B:
"It is now settled law that this court cannot hear an appeal on grounds of mixed law and fact unless leave of the court or the Court of Appeal has been obtained. The plaintiffs/appellants failed to obtain the requisite leave. Clearly therefore their appeal is incompetent for non-compliance with section 233(3) of the 1999 Constitution."
Explanation / Scope
Appeals to the Supreme Court on grounds of mixed law and fact require prior leave under Section 233(3) of the Constitution. Without such leave, the appeal is incompetent and the court lacks jurisdiction. Compliance with this constitutional requirement is mandatory and cannot be waived.