APPELLATE PRACTICE — Leave to Appeal — Grounds of Mixed Law and Fact — Requirement for Leave
Ratio Decidendi
Per MUKHTAR, JSC, in Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC) at p. 11; Paras C–D:
"Grounds of appeal that are of facts or mixed law and fact require the leave of either the Court of Appeal or the Supreme Court before they can be argued in the Supreme Court. In the absence of such leave, the grounds are incompetent and must be struck out."
Explanation / Scope
This principle establishes that grounds of fact or mixed law and fact require leave before being argued in the Supreme Court; absence of leave renders them incompetent and liable to be struck out. The principle applies in appeals to the Supreme Court. It ensures that leave requirements are complied with. The principle reflects the constitutional distinction between law and other grounds. It prevents appeals without proper leave. The court must strike out incompetent grounds. The principle provides guidance on the requirement for leave.