African Petroleum Plc V. Jerry And Kos Enterprises Ltd (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.

I had the advantage of reading in draft, the lead Judgment just delivered by my brother Amina Adamu Augie, J.C.A. I agree with her opinion and conclusion.
The law is elementary, constitutionally and decidedly, that to appeal against a decision on the grounds of mixed law and fact, leave of Court is required.

Therefore, failure to seek and obtain such leave is detrimental to the Appellant. Sections 242(1) of the Constitution of the Federal Republic of Nigeria is instructive.

The Preliminary objection raised by the Respondent is consequently upheld, thereby necessitating the striking out of the appeal. It is hereby struck out.
I also subscribe to the consequential order made as to costs.

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Other Citation: (2013)LCN/6168(CA)

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