CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
THE GOVERNOR, EASTERN NIGERIA
APPELLANTS
EUGENE ONYELU & ORS
RESPONDENTS
AREA(S) OF LAW
APPEAL
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.
HELD
Appeal struck out
ISSUES
RATIONES DECIDENDI
APPEAL AS OF RIGHT AND APPEAL WITH LEAVE
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
CASES CITED
STATUTES REFERRED TO
Constitution of the Federation
Supreme Court of Judicature Act, 1925
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