AYOADE BABATUNDE & ORS v. LASISI ADEYINKA AKINBADE & ORS
June 19, 2025J. SUNKANMI DAIRO & ORS V. THE REGISTERED TRUSTEES OF THE ANGLICAN CHURCH
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 31575
In the Supreme Court of Nigeria
Fri Mar 22, 2002
Suit Number: SC. 221/2001
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI, JUSTICE, SUPREME COURT.
PARTIES
1. CENTRAL BANK OF NIGERIA2. MR. SAM INEGBENSUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants filed an appeal against the interlocutory decision of the court refusing application for amendment based on grounds of mixed law and fact. The respondent raised a preliminary objection that the appeal was incompetent without leave and that the grounds of appeal were vague
HELD
The court upheld the preliminary objection and struck out the appeal. ?
ISSUES
(1) Interlocutory Appeal against an Order granting amendment – whether necessary to obtain leave before filing same.
RATIONES DECIDENDI
WHEN A GROUND OF APPEAL OF APPEAL IS CONSIDERED VAGUE AND INCOMPETENT
Vagueness of a ground of appeal may arise where it is couched in a manner which does not provide any explicit standard for its being understood, or when what is stated is so uncertain that it is not susceptible of being understood. It may also be considered vague when the complaint is not defined in relation to the subject or it is not particularized, or the particulars are clearly irrelevant – Belgore J.S.C
REQUIREMENT OF LEAVE TO APPEAL UNDER 233 OF THE CONSTITUTION
Section 233 of the Constitution provides for the appellate jurisdiction of this Court… It covers question of law alone, the interpretation or application of the Constitution, whether there has been a violation of a fundamental right or a threatened violation of the same as provided in Chapter IV of the Constitution- Belgore J.S.C.
CASES CITED
Metal Construction (West Africa) Ltd. v. Migliore & Ors.) (1990) 1 NWLR (Pt. 126) 299, 305; Ogbechie v. Onochie (1986) 2 NWLR (pt. 23) 84 ?
STATUTES REFERRED TO
The 1999 Constitution
