ATHANASIUS KALADA HART V. THE MILITARY GOVERNOR OF THE RIVERS STATE
August 6, 2025NGENE ARUM V. THE STATE
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 61111
In the Supreme Court of Nigeria
Fri Nov 19, 1976
Suit Number: SC. 165/1976
CORAM
UDO UDOMA, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
MADAM ALAKE AROYEWUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant herein had appealed to the Supreme Court against the decision of the High Court without leave. The respondent raised objection in respect of the competence of the appeal as no leave was obtained. The objection was sustained.
HELD
The court held that leave of court is mandatory for appeals from decisions of the High Court to Supreme Court.
ISSUES
Whether or not need of court is mandatory for appeals emanating from the decision of High Court to the Supreme Court
RATIONES DECIDENDI
LEAVE TO APPEAL
The provisions of the Constitution, (Section 117(4)(c) of the Constitution of the Federation) and Section 31(2)(a) of the Supreme Court Act are clearly mandatory and effect must be given to the said provisions. Enactments regulating the procedure in courts are usually construed as imperative and this must be so where procedural provisions (1) are given by the constitution and (2) relate to appeals. IDIGBE, JSC
CASES CITED
The King v. The Justice of Oxfordshire (1813)105 ER 167 per Lord Ellenborough, CJ, at 168
Young Jim Fouchee v. Oruwarri Henry Braid (1913) 2 NLR 102
STATUTES REFERRED TO
Section 1(b) of the Constitution (Amendment (No.2)) Decree No.42, of 1976
The Supreme Court Act, No.12 of 1960
Constitution of the Federation, No.20 of 1963
