Appellant filed an application at the Supreme Court under order 8 rules 2(5) and 4 of the Supreme Court Rules praying, inter alia, for an order for "leave to amend the grounds contained in the notice of appeal dated 11th March 1996 by substituting therefore the grounds contained in the notice of appeal attached to the affidavit in support and marked Exhibit "RS4".

On 28th February, 1996, the Court of Appeal allowed the appeal of the respondent to that court against an order of injunction granted in the Lagos State High Court restraining the respondent from pursuing the proceedings it instituted in New York, United States against the appellant/applicant who appealed to the Supreme Court against the decision.

The original notice of appeal contained twelve grounds of appeal all of which are grounds of law and hence the appeal was brought under Section 213(2) of the 1979 Constitution (as amended). Some of the proposed eight new grounds, however, are at best grounds of mixed law and facts requiring leave of court pursuant to section 213(3) of the 1979 Constitution (as amended) to appeal on them. No such leave was sought nor obtained before the filing of the appeal on 11th March, 1996.