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NNANYELUGO ORAKOSIM V MENKITI

Legalpedia Citation: (2001) Legalpedia (SC) 32271

In the Supreme Court of Nigeria

Fri May 4, 2001

Suit Number: SC. 81/1995

CORAM


EMMANUEL OLAYINKA AYOOLA     JUSTICE OF THE SUPREME COURT OF NIGERIA

UWANI MUSA ABBA AJI

SAMSO, ODEMWINGIE UWAIFO, JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT


PARTIES


1. NNANYELUGO L.A. ORAKOSIM2. CHARLES OWNESADUBA3. LAWRENCE O. OKWUEZE(For themselves and on behalf of Ogbolu Family of Iyiawu Village Onitsha) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants appealed on grounds of fact without the leave of the Supreme Court.


HELD


The court struck out the appeal.?


ISSUES


(1) Whether the appellants’ appeal is competent


RATIONES DECIDENDI


NEED TO OBTAIN LEAVE TO APPEAL ON GROUNDS OF MIXED LAW AND FACT


Where grounds of appeal are of mixed law and fact or facts simpliciter, leave must be sought and obtained, to render them competent for the purposes of the appeal for which they were filed – Ejiwunmi J.S.C


CASES CITED


Ogbechie v. Onochie (No. 1) (1986) 2 NWLR (Pt. 23) 484XMCCMCMCMCMCMCMCMCMCMCM


STATUTES REFERRED TO


The 1979 Constitution


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