Legal Question in Constitutional Law in Nigeria

appeal

what is the difference between apeal as a right and apeal as a leave?


Asked on 1/20/06, 11:53 pm

1 Answer from Attorneys

Jerry Edemeka Alpha Juris Chambers

Re: appeal

Appeal is the constitutional or statutory right to refer a subject of law for consideration by a higher court of law.Rules of the various courts define how any appeal is to be conducted.

Appeal is of right when an appellant has complied with all requirements of law in effecting the appeal,e.g.time within which to file the appeal.

However,under certain circumstances,the appellant will need to first apply and obtain the permission of the relevant court before the appeal can be filed and heard,e.g if the appellant is out of time,he needs to obtain leave of court to file an appeal.

Also under certain statutory requirements,leave of court must ordinarily be obtained before an appeal can be filed.

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Answered on 1/23/06, 5:48 am


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