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BEN. O. OLUWOLE V. LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION

(1983) JELR 46433 (SC)

Supreme Court  •  SC.115/1982  •  3 May 1983  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; CHUKWUWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Appearances
Ben Oluwole for self as Appellant (with him H.A. Lardner, S.A.N.). For Appellant P.O. Jimoh Lasisi (with him B.A.M. Fasanu) For Respondent

Judgement

IRIKEFE, J.S.C. (Presiding): This purported appeal is struck out as no leave either of this Court or of the Court of Appeal had been obtained as required under section 213(3) of the Constitution to bring an appeal founded on grounds of mixed law and facts or exclusively on grounds of fact as is the situation in this purported appeal.

N300.00 costs allowed to the respondent.

BELLO, J.S.C.: Since all the grounds of the purported appeal are of facts and no leave of court was obtained in accordance with the provisions of section 213 of the Constitution, the appeal is incompetent and I agree the purported appeal be struck out.

N300.00 costs to the respondent.

IDIGBE, J.S.C.: This appeal is from the judgment of the Federal Court of Appeal, and the grounds therefore are purportedly based on law and facts. No proper grounds of law are filed and all the grounds appear to qualify as ground of fact in support of an appeal for which no leave of the Federal Court of Appeal had been obtained prior …

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