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OYEYEMI OLOWOSOKE v. ISAIAH OKE

(1972) JELR 33528 (SC)

Supreme Court  •  SC.144/1972  •  3 Nov 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): At the hearing of this appeal yesterday, Thursday, 2nd November, 1972, counsel for the respondent raised a preliminary objection on the ground that the appeal is not properly before the court in that the appellant has not obtained leave to appeal as required by section 117(4)(c) as modified by section 127(1)(a) of the Constitution of the Federation, No. 20 of 1963.

Section 117(4)(c) of the Constitution of the Federation provides as follows:-

"Subject to the provisions of subsections (2) and (3) of this section, an appeal shall lie from decisions of the High Court of a territory to the Supreme Court with the leave of the High Court or the Supreme Court in the following cases:-

( c) decisions in any civil or criminal proceedings in which an appeal has been brought to the High Court from some other court."

Section 127(1)(a) provides as follows:-

"(1) If by the Constitution or the legislature of a State there is established for t…

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