Festus Keyamo V. Peter Folorunso & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Lead Ruling)

The applicant herein has sought for leave to appeal to the Supreme Court of Nigeria, on grounds of fact and mixed law and fact, against the judgment of this court delivered on the 17th December, 2010 in appeal No. CA/673/05. The application is premised on the following four grounds:

“a)The applicant herein is dissatisfied with the judgment of this honourable Court delivered on the 17th day of December, 2010 in CA/L/673/05 and is desirous of exercising his right of appeal under the provisions of the Constitution of the Federal Republic of Nigeria, 1999.

(a) Substantial grounds of facts and mixed law and facts are raised in the proposed notice of appeal requiring determination by the Supreme Court.

(b) The leave of this honourable court is required to raise and file grounds of facts, and of mixed law and facts, i.e. grounds other than grounds of law alone, in order for the appeal to be competent.

(c) There is no concurrent finding of fact by the trial and this honourable court in this matter thus; the intervention of the Supreme Court is of the essence.”

The application is supported by a six paragraph affidavit and reliance was especially placed on paragraph 3 thereof which is reproduced thus:

“That I was informed by Mr. Festus Keyamo, on 17 January, 2011 in our chambers at No 1, Festus Keyamo Lane, Anthony Village, Lagos State at about 8am, while preparing the processes in this appeal, and I verily believe him that:

a) That this honourable court delivered a judgment in the said appeal No. CA/L/673/2005 on the 17th day of December, 2010. The said judgment of this honourable court is attached herewith and marked exhibit A.

b) That the appellant/applicant is dissatisfied with the said judgment of this honourable court delivered on 17th December, 2010.

c) That the appellant/applicant desires to exercise his right of appeal as provided under the 1999 Constitution against the said judgment of this honourable court delivered against him on 17th of December, 2010 in CA/L/673/2005 to the Supreme Court. Attached herewith and marked exhibit B is a copy of the appellant/applicant’s proposed notice of appeal to the Supreme Court.

d) That substantial grounds of facts, and mixed law and facts have been raised in the appellant’s proposed notice of appeal (exhibit B) requiring determination by the Supreme Court.

e) That the leave of this honourable court is required to enable the appellant/applicant’s appeal to the Supreme Court against the said judgment of this honourable court delivered on 17th December, 2010 in the said CA/L/673/2005 on grounds of facts, and mixed law and facts in order for the appellant/applicant’s appeal to be valid and competent in accordance with the requirement of the provisions of 1999 Constitution.

f) That there is no concurrent finding of fact by the trial court and this honourable court in this matter, thus, the intervention of the Supreme Court in this matter is of the essence.”