W. A. OMONUWA V. NAPOLEON OSHODIN & EDOWAYE EHANIRE

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This is a ruling on the preliminary objection brought by the respondents/applicants. Appellants have appealed to this Court from the judgment of the Court of Appeal allowing the appeal of the respondents/applicants. Applicants are the defendants in the High Court, and the appellants in the Court below. The preliminary objection is that there is no appeal before this Court because

(i) The judgment of the Court below appealed against is interlocutory and that appellants require leave of this Court or the Court below to appeal outside the period prescribed by s.31(2)(a) of the Supreme Court Act 1960. Such leave having not been obtained there was no appeal before the Court.

(ii) That the grounds of appeal consist of mixed law and facts and that leave was required before filing them. Relying on S. 213(3) and (5) of the Constitution 1979 and S. 25(2) of the Court of Appeal Act 1976, Counsel asked that the appeal be struck out.

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