APPELLATE PRACTICE — Leave to Appeal — Person Having an Interest — Test for Determining Interested Party
Ratio Decidendi
Per Tobi, JSC, in Enyibros Foods Processing Company Ltd & Anor v. Nigerian Deposit Insurance Corporation & Anor (2007) NLC-123-271-2001(SC) at p. 26; Paras A–B:
"The test of interest to determine a person interested is whether the person could have been joined as a party to the suit. A person interested includes a person affected or likely to be affected or aggrieved or likely to be aggrieved by the proceedings."
Explanation / Scope
A person seeking leave to appeal must demonstrate an interest in the matter. The test is whether the person could have been joined as a party. An interested party includes anyone affected or likely to be affected, or aggrieved or likely to be aggrieved by the proceedings. This ensures that only persons with a genuine stake in the outcome can appeal.