LEAVE TO APPEAL- NATURE OF INTEREST TO SUPPORT AN APPLICATION FOR LEAVE TO APPEAL AS AN INTERESTED PARTY  

 

Gbenga Babawibe
Joined: 11 months ago
Posts: 156
11/09/2019 9:42 pm  

“The interest which will support an application for leave to appeal as interested party must be genuine and legally recognizable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not only that he is a person having interest in the matter but also that the order or judgement of the court below which he is seeking leave to appeal against prejudicially affects his interest. In other words, to succeed in the application, the applicants must show that they are persons who are aggrieved or persons against whom decisions have been produced which have wrongfully refused them something or wrongly affected their title to something. See: Nwaoeu v. Atuma (2013) All FWLR (Pt. 669) 1022 In re: Ugadu (1988) 5 NWLR (Pt. 93) 189 at 202 per Karibi – Whvte JSC: Usanea & Ors v. Okada & Ors (1964) 1 All NLR 36; Ikonne v. Commissioner of Police (1986) 4 NWLR (Pt. 36) 473; Dairo v. Gbadamosi: In re: Afolabi (1987) 4 NWLR (Pt. 63) 18 and Ademola v. Sodipo (1992) 7 NWLR (Pt. 253) 260 -261.

 

PER K. B. AKAAHS J.S.C IN THE CASE OF BRIGADIER GENERAL  JAMES OMEBIJE ABDULLAHI V NIGERIAN ARMY & ORS; LER (2018) SC. 433/2010

 

 


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