APPELLATE PRACTICE — Right of Appeal — Final Decisions of High Court Sitting at First Instance — Whether Leave Required for Appeal Out of Time
Ratio Decidendi
Per Tabai, JSC, in Ault & Wiborg (Nig.) Ltd v. Nibel Industries Ltd (2010) NLC-123-169-2003(SC) at pp. 6–7; Paras D–A:
"Where a party can appeal as of right as provided in section 241(1)(a) of the Constitution and he fails to utilise his right to appeal within the period prescribed by law he only needs to apply for extension of time within which to appeal. And since he was not required, in the first place, to seek leave to appeal he has no duty to apply for extension of time within which to seek leave to appeal."
Explanation / Scope
This principle establishes that where an appeal is as of right from a final decision of a High Court under Section 241(1)(a) of the Constitution, and the appellant fails to appeal within time, only a prayer for extension of time to appeal is needed. The trinity prayers (extension of time to seek leave, leave to appeal, and extension of time to appeal) are not required because leave to appeal was never needed. The principle applies where the appeal is from a final decision of a High Court sitting at first instance. It ensures that parties are not subjected to unnecessary procedural requirements. The principle reflects the constitutional right of appeal. It prevents courts from imposing requirements not contemplated by the Constitution.
Cases Applying This Principle
None recorded.