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