JOSEPHINE ANI V. THE STATE
June 18, 2025HENRY OKOLI V. THE SURVEYOR GENERAL ANAMBRA STATE OF NIGERIA
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Tue Apr 30, 2002
Suit Number: SC.1/2003
CORAM
PARTIES
1. THE MINISTER OF PETROLEUM AND MINERAL RESOURCES.2. THE ATTORNEY GENERAL OF THE FEDERATION. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s application to seek leave to appeal the trial court’s judgment was dismissed by the lower court for delaying in bringing the application. The appellant has further appealed.
HELD
Appeal dismissed
ISSUES
None.
RATIONES DECIDENDI
APPEAL: WHERE PROPOSED APPEAL SHOW GOOD CAUSE.
Where proposed grounds of appeal show good cause of appeal, for example, on issue of jurisdiction or strong points of law as in the case of statutory interpretation it may not be necessary to satisfy the first arm of Order 3 Rules 2, on inordinate delay in an application to appeal out of time. Per CHUKWUMA-ENEH JSC
APPEAL: WHERE JURISDICTION IS THE ISSUE.
Where the ground of appeal has challenged the jurisdiction of the court to entertain a suit the court has to adopt a permissive approach in considering the reason for the delay in order not to shut out an appellant with arguable appeal from appealing. Per CHUKWUMA-ENEH JSC
GROUNDS OF APPEAL: HOW TAGGED IMMATERIAL.
It is settled law that whether a ground of appeal is one of law or mixed law and facts or facts alone does not really depend on the label tagged to the said ground. Per CHUKWUMA-ENEH JSC
CASES CITED
1. Amadi v. Okoli (1977)7 SC.57 2. Ukwu v. Bunge (1977) 8 NWLR (Pt.518) 6353. Onashile v. Idowu (1961) SCNL 16
STATUTES REFERRED TO
1. Court of Appeal Rules Cap.62 Laws of the Federation of Nigeria 2. Court of Appeal Act
