OLUWOLE V. L.S.D.P.C.

• Pages: 179-180

OLUWOLE V. L.S.D.P.C.

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179

OLUWOLE V. L.S.D.P.C.

5

BEN. 0. OLUWOLE

V

10 LAGOS STATE DEVELOPMENT

& PROPERTY CORPORATION

SUPREME COURT OF NIGERIA

IRIKEFE,



J.S.C.

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BELLO,

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J.S.C.

IDIGBE,

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J.S.C.

OBASEKI,



J.S.C.

ANIAGOLU,

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J.S.C.

3rd May, 1983

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APPELLANT

RESPONDENT

SUIT NO. SC 115/1982

Practice and Procedure - Civil appeals - Leave to appeal - Grounds of appeal

on mixed law and facts - No leave - Appeal struck out as incompetent.

ISSUE:

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1. Whether an appeal on mixed facts and law will be entertained where leave has

not been sought and obtained from either the Supreme Court or the Court of

Appeal as required by section 213(3) of the Constitution.

FACTS:

This appeal was filed improperly before the Supreme Court purportedly con-

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taining grounds of mixed facts and law.- By virtue of section 213(3) of the 1979

Constitution, leave should have been sought to bring the appeal on such grounds.

Leave was not sought.

HELD:

There was no appeal properly before the court and the purported appeal is

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struck out for want of leave as required by Section 213(3) 1979 Constitution.

Ben Oluwole

for self as Appellant (with him

H.A. Lardner, S.A.N.).

P.O. Jimoh Lasisi

(with him

B.A.M. Fasanu)

for Respondent.

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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.

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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

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struck out.

N300.00 costs to the respondent.