BEN. O. OLUWOLE V. LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION

BEN. O. OLUWOLE V. LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION

final

                 

CITATIONS:

1. (1983) NSCC 179

 

In The Supreme Court of Nigeria

On Tuesday, the 3rd day of May, 1983

Suit No: SC.115/1982

 

Before Their Lordships

 

AYO GABRIEL IRIKEFE                                     – Justice of the Supreme Court

MOHAMMED BELLO                                       – Justice of the Supreme Court

CHUKWUWEIKE IDIGBE                                 – Justice of the Supreme Court

ANDREWS OTUTU OBASEKI                         – Justice of the Supreme Court

ANTHONY NNAEMEZIE ANIAGOLU          – Justice of the Supreme Court

                 

 

 Between

BEN. O. OLUWOLE           Appellant

                 And                                                       

LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION           Respondent

                               

 

COUNSEL:

Ben Oluwole for self as Appellant (with him H.A. Lardner, S.A.N.).            -For the Appellant

P.O. Jimoh Lasisi (with him B.A.M. Fasanu)                                                          -For the Respondent

 

JUDGEMENT:

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 to its being filed as is required by section 213(3) of the 1979 Constitution of Nigeria. Accordingly, there is no appeal before us and the purported appeal is hereby struck out with N300.00 costs in favour of the respondents.

 

 

OBASEKI, J.S.C.: The appellant has conceded that he did not obtain the leave of either the Federal Court of Appeal or the Supreme Court to appeal on the grounds set out in the notice of appeal which are grounds of mixed law and facts.

By section 213(3) of the 1979 Constitution he can only appeal on such grounds with leave and as he has had no leave from the Federal Court of Appeal or the Supreme Court, the appeal is incompetent and the purported appeal is hereby struck out with N300.00 costs to the respondents.

 

 

ANIAGOLU, J.S.C.: Leave to appeal having not been obtained in this matter and the grounds of appeal being one of facts, or of mixed law and facts, the purported appeal is not properly before this court which has no jurisdiction to hear the purported appeal filed without the necessary leave, having regard to S. 213 of the 1979 Constitution of Nigeria. In the circumstances, I would strike out, and hereby strike out, this purported appeal with N300.00 costs to the respondents.

Appeal struck out.