CYRIL CHUKWUWADO ARINZE V. AFRIBANK NIGERIA PLC. MRS. ENIOLA FADATOMI MR. JOHN D. EDIZIEN MR. S. IHIE AKANO MR. O. O. ALABA MR. M. A. USHAN PRINCE G. DADA MR. E. B. B. FAROUK MR. E. S. DOR MR. U. STOLTENBERG MR. G. SAYVANET MR. S. ZAYYAN

AKPIROROH, J.C.A. (Delivering the Leading Judgment): I will first of all consider the preliminary objection of learned counsel for the respondents on the competency (sic) of the notice of appeal. The grounds of objections are as follows:

Raises issues of mixed law and fact for which leave is required but A was not sought or obtained. Ground 2 of the Notice of Appeal contains no particulars.

On ground one, learned counsel for the respondents submitted that in determining the competency of a notice of appeal, the court should not look at the Notice of Appeal alone, but the application which gave rise to the decision being appealed against and the judgment itself. It was further contended that the courtshould determine from its own examination of the Notice of Appeal the nature of the grounds of appeal i.e. whether they are of law, mixed law and fact or of fact alone and that the court should not rely on the Appellant’s description of the ground of appeal in determining its nature.

Relian…