- Pinacle Commercial Bank Ltd v. Steel Bell Nig. Ltd
- ₦ 200
Pinacle Commercial Bank Ltd v. Steel Bell Nig. Ltd
PINACLE COMMERCIAL BANK LIMITED
CHIEF CHIKE CHIGBUE
STEEL BELL NIGERIA LIMITED
RABO FARMS LIMITED
DR. IME SAMPSON UMANAH
ATTORNEY GENERAL OF LAGOS STATE
CHIEF LANDS OFFICER
COURT OF APPEAL
( LAGOS DIVISION )
GEORGE ADESOLA OGUNTADE J.C.A.( Presided and read the leading judgment )
SULEIMAN GALADIMA J.C.A.
AMIRU SANUSI J.C.A.
WEDNESDAY 8TH MARCH, 2000
APPEAL - Leave to appeal - Application for - When necessary
APPEAL - Leave to appeal - Application for - When unnecessary
APPEAL - Leave to appeal - Relevant conditions - Consideration of
APPEAL - Notice of Appeal - Validity or competence of - Which court determines
APPEAL - Notice of Appeal - When lower court can form its view in respect thereof
COURT - Notice of Appeal - When lower court can form its view in respect of
Whether it is appropriate for the applicants to seek leave to appeal when their proposed grounds of appeal are mainly of law.
1 st - 3rd Plaintiffs/Respondents in this application had instituted a law suit against the Defendants/Applicants herein, and were granted an interim injunction order by which the Defendants/Applicants were restrained from selling the properties of the Plaintiffs including plot 308, Younis Bashorun Street, Victoria Island Annex, Lagos. The properties had been mortgaged by the plaintiffs to the 1st Applicant to secure a loan granted to the 1st - 3rd plaintiffs/Respondents. The applicants’ application to discharge and or set aside the interlocutory injunction was granted. The plaintiffs’ interlocutory injunction application was then dismissed. The plaintiffs appealed to the Court of Appeal. On 24/1/2000, the Court of Appeal allowed the appeal and restrained the applicants from selling the mortgaged properties of the plaintiffs. Dissatisfied, the Defendants sought leave to appeal to the Supreme Court and presented to the Court of Appeal eight proposed grounds of appeal. The Plaintiffs/Respondents submitted, however, that no leave was needed to appeal as the grounds of appeal were mainly of law.