NIGERIA WATER RESOURCES DEVELOPMENT LIMITED V. A. K. JAIYESIMI

ADEMOLA, C.J.P. On May 1st 1963 at Ibadan we struck out this appeal for want of jurisdiction and stated we would give our reasons later. We now do so.

The judgement appealed against reads as follows::-

"NOTE BY COURT. Both Counsels agree that the Plaintiff be awarded #850 as rent for one year plus #425 being six months rent in lieu of notice. Judgement entered for Plaintiff for #1,275. Costs assessed at 100 guineas."

The appellant sought no leave to appeal and none was obtained. The respondent gave notice that he would rely on the preliminary objection that as the judgement of the High Court was by consent of the parties, the appeal could not have been brought without leave and should therefore be struck out. He referred to the relevant provisions in section 110 of the Constitution of the Federation, and to the case of Moore v. Tayee 2 W ACA 43 where Lord Atkin said that all appeals "exist merely by statute and unless the statutory conditions are fulfilled no jurisdiction is given to …