OLUWOLE
V.
LSDPC

(1983) JELR 46433 (SC)    

Supreme Court  ·  SC.115/1982 ·  3 May 1983 ·  Nigeria
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
facts
grounds
j.s.c.
n300.00 costs
purported appeal
law
leave
constitution
section
constitution of nigeria
court
federal court of appeal
respondent
respondents
supreme court
accordance
aniagolu
appellant
circumstances
court of appeal
favour of the respondents
ground of fact
grounds of appeal
grounds of fact
grounds of the purported appeal
idigbe
irikefe
judgment of the federal court of appeal
jurisdiction
leave of court
leave of the federal court of appeal
matter
necessary leave
notice of appeal
obaseki
proper grounds of law
provisions of section
regard
situation
such grounds
support of an appeal

IRIKEFE, J.S.C. (Presiding): This purported appeal is struck out as no leave either of this Court or of the Court of Appeal had been obtained as required under section 213(3) of the Constitution to bring an appeal founded on grounds of mixed law and facts or exclusively on grounds of fact as is the situation in this purported appeal.

N300.00 costs allowed to the respondent.

BELLO, J.S.C.: Since all the grounds of the purported appeal are of facts and no leave of court was obtained in accordance with the provisions of section 213 of the Constitution, the appeal is incompetent and I agree the purported appeal be struck out.

N300.00 costs to the respondent.

IDIGBE, J.S.C.: This appeal is from the judgment of the Federal Court of Appeal, and the grounds therefore are purportedly based on law and facts. No proper grounds of law are filed and all the grounds appear to qualify as ground of fact in support of an appeal for which no leave of the Federal Court of Appeal had been obtained prior …

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