APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Effect of failure to obtain leave of court where same is required


“Ex gratia, I will consider other issues relating to this appeal. No leave was first sought and obtained for the Appellant to bring forth grounds 1, 3 and 4 in the Notice of Appeal. The grounds require leave by virtue of Section 233(2) & (3) of the 1999 Constitution, as amended. Ground 1, raising issue of wrong exercise of discretion, is predicated on mixed law and facts. So also Ground 3 of the grounds of appeal. Ground 4, complaining that the decision of the Court of Appeal was unwarranted, unreasonable and cannot be supported having regard to the evidence, is an omnibus ground raising issue of pure facts. Grounds 1, 3 & 4 are therefore incompetent.” per EKO, J.S.C. at p. 7 – p. 8

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