NDUKKIE ERISI & ORS V UZOR IDIKA & ORS

NNAMANI, J.S.C.(Delivering the Leading Ruling): This short matter arose by way of a preliminary objection raised by learned Senior Advocate appearing for the plaintiffs/respondents in the main appeal. The objection, brought under Order 2, Rule 9 of the Supreme Court Rules,1985 was in these terms

"TAKE NOTICE that the Respondents intend to raise a preliminary objection to the appeal. The Grounds of objection are as follows

1 The Notice and Grounds of Appeal filed on 28/2/86 p.179 involved questions of fact or mixed law and fact.

2 No leave of Lower Court or of the Supreme Court was sought for and obtained prior to the filing of the Notice and Grounds of Appeal on issues of mixed law and fact in accordance with the provisions of Section 213 sub-Section 3 of the Constitution of the Federal Republic of NIGERIA.

3 Where no such leave was obtained prior to the filing of the Notice and Grounds of Appeal involving questions of fact or mixed law the said Notice and Grounds of Appeal are incompeten…