METAL CONSTRUCTION (WEST AFRICA) LTD V. D. A MIGLIORE & ORS

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The point of law involved in this ruling is for a determination whether the only ground of appeal, filed in this appeal consists of a question of law alone in which case appellant does not require leave of the court to appeal to this court. Leave is required if it is otherwise. The solitary ground of appeal under consideration with particulars reads:

"The Court of Appeal erred in law in setting aside the order made on 17th April, 1985.

Particulars

(1) The application to set aside the order should have been refused because of the delay of over two months by the applicant in moving to set it aside.

(2) Upon all the facts before the Court of Appeal, it was evident that counsel instructed by Messrs. Kehinde Sofola and Company had appeared before the Federal High Court on behalf of D. A. Migliore, A. Mangili and C. Mangili. Consequently, it was quite proper for the Court of Appeal (a different panel) to order, as it did on 17th April, 19…