APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Effect of failure to seek leave of Court to file grounds of mixed law and facts


“In Abubakar v. Dankwambo (2015) 18 NWLR (Pt. 1491), Page 213 at 234-236, paras. G-A, this honourable Court held that where leave, which means permission, is a condition precedent before an appellant can file a notice of appeal containing grounds of mixed law and facts, an appellant who files a notice of appeal without obtaining the pre-condition would have his process thrown out and that the notice of appeal filed by the appellant in the appeal was correctly struck out by the Court of Appeal since the appellant did not seek and obtain leave before filing the notice of appeal. I refer to similar decision of the honourable Court in Allanah v. kpolokwu (2016) 6 NWLR (pt.1507) 1.” Per MARY UKAEGO PETER-ODILI, JSC in BRONWEN ENERGY TRADING LTD. v. OAN OVERSEAS AGENCY (NIG) LTD & ORS (2022-LCER-46529-SC) (Pp 44 – 45; Paras D – A)

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