Sanusi Mosuro & Anor V. Salami Akinyele (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Supreme Court’s refusal of conditional leave to appeal—M -lion to this Court
for leave to appeal by virtue of section 9 of the West African Court of Appeal
Ordinance (Cap. 229)—Recourse to this section only arises where an appeal is
properly before the Court.

Facts

The applicant having been refused conditional leave to appeal by the Supreme Court, moved this Court to entertain an appeal against the decision of the Supreme Court refusing leave to appeal. The applicant relied on section 9 of the West African Court of Appeal Ordinance (Cap. 229), which confers certain discretionary powers on the Court of Appeal to entertain an appeal.

Held

Section 9 of the West African Court of Appeal Ordinance can only be invoked where there is an appeal properly before this Court. The Court must be satisfied there has been a strict compliance with the statutory requirements which govern the existence of an appeal before section 9 can be applied. There was no appeal before this Court and the application was refused.

Application refused.