THOMAS JCA (Delivering the Lead Judgment): The respondents/ applicants filed on 3 November 2008 a motion on notice made under Order 6, rule 6 and Order 7, rule 1 of the Rules of this Court, 2007, seeking as follows:
“Striking out the notice of appeal herein on the ground that same is incompetent as leave was not sought and obtained from the court below or from this court before the appeal was filed against the ruling of the court below delivered on 6 June 2008.” The motion is supported by a 6-paragraph affidavit, deposed to and sworn by Mr. Rotimi Rhodes-Vivour, a legalpractitioner in the chambers of Ayanlaja Adesanya and Co. The grounds of the motion are that, the notice of appeal A encompassing the grounds of appeal reproduced at pages 45 - 48 of the record are grounds of appeal of mixed law and facts. That the appellant did not obtain the leave of the court below nor that of this court as statutorily enjoined before the notice of appeal was filed.
This court had much earlier ordere…