April 18, 2024

[Judicial Pronouncement] Failure to Obtain Leave to Appeal Where Leave is Required is Fatal to the Appeal


Chrome Air services LTD & Ors v Fidelity Bank
LER (2017) SC 817/2014

 

Failure to obtain leave to appeal where leave is required is fatal to the appeal. The leave of court is a condition precedent to the jurisdiction of the appellate court to entertain the appeal. Failure to obtain leave where necessary renders the grounds of appeal requiring such leave and any issues formulated there from incompetent.
Furthermore, the mere description of a ground of appeal as an error of laws is not sufficient to make it so.
“Per K.M.O Kekere- Ekun JSC”

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