EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Notice of Appeal at pages 373 - 375 of the Records has two grounds of appeal namely: - the complaint against the finding of fact that "the Appellant failed to prove that the Respondent breached its duty of care", and the omnibus ground of appeal complaining that the judgment of the Court of Appeal (the lower Court) was against the weight of evidence. Both grounds are complaints against the lower Court's findings of fact. The grounds require leave first sought and granted before they could be legitimately filed in the further appeal to this Court from the lower Court, an intermediate Court.
Section 233(2) and (3) of the Constitution is mandatory. A ground of appeal against concurrent findings of fact requires leave first sought and granted before filing. These two grounds of appeal, being grounds of pure facts against the decision of the Court of Appeal, an intermediate Court, filed in defiance or insubordination of the provision…