The Appropriate Court to Seek Leave to Appeal as an Interested Party?

CASE TITLE: ARUWA & ANOR v. CHEKWAYIGNA & ANOR (2024) LPELR-61649(CA)
JUDGMENT DATE: 26TH FEBRUARY, 2024
PRACTICE AREA: APPEAL
LEAD JUDGMENT: CORDELIA IFEOMA JOMBO-OFO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This is a ruling on an application for leave to appeal as interested parties.

FACTS:
The application was brought by way of motion on notice. The Interested Parties/Applicants prayed the Court of Appeal for the following reliefs:

1. An order extending the time within which the Interested Parties/Applicants may apply for leave of the Honourable Court to appeal as interested parties against the judgment of the High Court of Nasarawa State in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014.
2. An order granting leave to the Interested Parties/Applicants to appeal as interested parties against the judgment of the High Court of Nasarawa State (Coram: Honourable Justice Rose G. Soji) in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014 in terms of the ground of appeal set out in the proposed Notice of Appeal annexed hereto as Exhibit A.
3. AN ORDER extending the time within which the Interested Parties/Applicants may appeal against the judgment of the High Court of Nasarawa State (Coram: Hon. Justice Rose G. Soji) in suit No. NSD/GM24/2009 delivered on the 17th of March, 2014.

In support of the application was an affidavit, in reaction to which the respondents filed a counter-affidavit.

ISSUES FOR DETERMINATION:
The Court determined the application by adopting the two issues formulated by the respondent, viz:

1. “Whether the Applicants can legally make the application to the Appellate Court without first making the application at the trial Court.”
2. “Whether the Applicants are entitled to the reliefs sought in view of the law and the facts of the case.”

DECISION/HELD:
The application was struck out for want of jurisdiction, having been filed at the Court of Appeal, as Court of first instance.

RATIOS:
● APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – What an application for leave to appeal must contain
● EVIDENCE – AFFIDAVIT EVIDENCE – Instance where failure to categorically deny averments in an affidavit/counter affidavit will not amount to admission
● APPEAL – APPEAL BY INTERESTED PARTY – Appropriate Court to seek leave to appeal as an interested party
● APPEAL – APPEAL BY INTERESTED PARTY – Whether an application for leave to appeal as an interested party must first be filed in the lower Court
● APPEAL – RIGHT OF APPEAL – Who can exercise a right of appeal
● APPEAL – APPEAL BY INTERESTED PARTY – Duty of a person seeking to appeal as an interested party

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