The consequence for not seeking leave where a ground of appeal is of mixed law and fact is fatal to the ground. However, one ground of appeal on law in a Notice of Appeal, I must observe, is capable of sustaining an appeal but not otherwise in which case the Notice of Appeal as well as the grounds of appeal is incompetent and liable to be struck out. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)
LEAVE OF COURT AND INDORSEMENT OF WRIT
Now whether or not the leave of the Judge in Chambers was obtained in any particular case is a question of fact which should be alleged in a challenge to the validity of the Writ. Such challenge should be made at the High Court stage so that it will form an issue in the case. Thus the trial Court will consider the issue and our appellate Courts will then review the decision of the High Court thereby fulfilling their role as appellate Courts. Also if a Writ is not properly indorsed as required by Section 97 of the Sheriffs and Civil Process Act, such a writ should be properly tendered and made an exhibit in the case. When the case goes on appeal, the appellate Court will then easily refer to the exhibit and receive submissions on it.
– Oputa, JSC. Adegoke v. Adesanya (1989)