MOORE ASEIMO ABRAHAM ADUMEIN, JSC (Delivering The Leading Judgement): This is an appeal against a ruling delivered on 02/08/2022 by the Court of Appeal, Lagos Division, whereby a motion on notice filed by the appellant on 12/03/2021 was dismissed pursuant to a notice of its withdrawal filed on 22/03/2022.
The appellant's notice of appeal contains the following sole ground:
"The lower court erred in law in dismissing the Appellant's application filed on 12/3/2021, seeking the leave of the lower court to appeal as an interested party against the judgment of the Federal High Court, Lagos delivered on 17/2/2021 in Suit No. FHC/L/CS/115/2021, when it was obvious that the lower court had lost its jurisdiction in respect of the said application.
PARTICULARS OF ERROR
i. By the provisions of Section 242 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), an appeal can only lie as of right from the court of first instance to the lower court within 3 months from the date of…