CORAM

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BRETT JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT

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PARTIES

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THE GOVERNOR, EASTERN NIGERIA

APPELLANTS 

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EUGENE ONYELU & ORS

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL

 

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SUMMARY OF FACTS

After an order for costs was made against the appellant in proceedings taken out by him for the determination of the question who was entitled to £38-8s-0d compensation for lands acquired by him under the Public Lands Acquisition Ordinance he appealed without obtaining leave. He later sought for leave without applying for extension of time which the respondent objected to. 

 

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HELD

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Appeal struck out 

 

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ISSUES

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RATIONES DECIDENDI

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APPEAL AS OF RIGHT AND APPEAL WITH LEAVE

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The only provision for appeals from a decision of the High Court of Eastern Nigeria relating to costs is contained in s. 117 of the Constitution of the Federation, since the Regional legislature has not exercised its power of making further provision. Subsection (2)(a) provides that an appeal shall lie as of right from final decisions in any civil proceedings before the High Court sitting at first instance, but paragraph (ii) of the proviso to that subsection excludes from its operation “any order relating only to costs”, and subsection (4)(b) confers a right of appeal with the leave of the High Court or the Supreme Court from such an order. Per Brett JSC

 

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CASES CITED

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STATUTES REFERRED TO

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Constitution of the Federation

Supreme Court of Judicature Act, 1925

 

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CLICK HERE TO READ FULL JUDGMENT

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