STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

GROUND OF APPEAL MUST BE PREMISED ON RATIO DECIDENDI OF COURT

Reach more audience. Place advert here.

I have looked at the short Ruling of the trial Court on pages 29 and 30 of the Records, and could see no reference in the Ruling to the concerns expressed by the Appellant in grounds (IV) and (V) of the appeal (which are also the issues (IV) and (V)). That means, the grounds (IV) and (V) and the issues, therefrom, formulated by the Appellant were completely outside the contemplation and purview or reasoning of the trial Court when it reached its conclusions. The law is trite that an appeal (the grounds and issue therefrom) must be founded on and derived from a valid complaint touching on the ratio decidendi (live issue) of the decision appealed against. See the case of Obosi Vs NIPOST (2013) LPELR -21397 CA, where it was held: “An issue for determination of appeal must flow from or predicate on the ground(s) of appeal, which, in turn, must derive from or challenge the ratio decidendi or live issue in the judgment appealed against.” See also Unilorin Vs Olwawepo (2012)52 WRN 42, held 1; Alataha Vs Asin (1999)5 NWLR (pt. 601)32; Punch Nig. Ltd. Vs Jumsum Nig. Ltd. (2011)12 NWLR pt 1260)162.

— I.G. Mbaba, JCA. Anozia v. Nnani & Anor. (2015) – CA/OW/29/2013

Was this dictum helpful?

SHARE ON

grounds of appeal

DEFINITION OF A COMPETENT GROUND OF APPEAL

Aregbesola v. Oyinlola (2001) 9 NWLR (Pt 1253) 627 which states “A ground of appeal is a statement by a party aggrieved with the decision of a Court, complaining that the Court from which the appeal is brought made a mistake in the finding of facts or application of the law to certain set of facts. A ground of appeal is the complaint of the appellant against the judgment of the Court. Such a complaint must be based on the live issue or issue in controversy in the suit once it is succinctly couched and the parties understood and appreciate the meaning of the contents thereof, such a ground of appeal will not be incompetent merely because it is technically defective.”

Was this dictum helpful?

GROUNDS OF APPEAL ARE EXPLANATORY NOTES OF WHAT IS IN CONTEST

In Waziri v Geidam (2016) 11 NWLR (Pt.1523) 230 at 256, I had in this Court stated that:- “The functions which particulars to a ground of appeal are required to perform are to highlight the grouse of the appellants against the judgement on appeal. They are specifications of errors and misdirection which show the complaint the appellants are screaming about and the line of thought the appellants are going to canvass in their brief of argument. What is fundamental is that the ground of appeal are really explanatory notes on what is in contest and the particulars which open and exposed so that there is no attempt at an ambush or giving of room to which the respondent would say he was left in the dark of what he was to defend on appeal or that they are unable to understand or appreciate the complaint in the said ground.”

Was this dictum helpful?

ISSUE NOT TIED TO A GROUND OF APPEAL IS OF NO MOMENT

Issue 1 was formulated from ground 1 while Issue 2 does not flow from any of the seven grounds of Appeal. No Issue or Issues were formulated or argued in respect of grounds 2-7 of his Notice of Appeal. A fortiori, the Appellant appears to have abandoned grounds 2-7 of his Notice of Appeal. In the same vein, Issue No. 2 is not tied to any ground of Appeal and therefore is of no moment. See Yadis Nigeria Ltd v. Great Nigeria Insurance Coy Ltd (2007) 30 NSQR (Pt. 1) page 495.

— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007

Was this dictum helpful?

NATURE OF A GROUND OF APPEAL

Grounds of appeal are meant to attack findings of a court that have bearing on the case put up by a litigant. In other words, it should be related to a decision of the court and contain complaints an appellant rely on to succeed in setting aside a decision, the ratio decidendi of a judgment, not just observations and passing remarks of a Judge in the course of writing a judgment.

– Mukhtar JSC. Nwankwo v. Ecumenical (2007)

Was this dictum helpful?

ISSUE CANNOT ARISE OUT OF NONEXISTENT GROUND OF APPEAL

The Respondent seeks to attack the ground of appeal as part of its response to issue no (i). The purpose of issues for determination, is to identify what the issues in the grounds of appeal are. An issue cannot be formulated out of a non-existent or invalid ground of appeal. Therefore, all the arguments canvassed by the Respondent attacking the legitimacy of the two grounds of appeal which were not predicated on the grounds of appeal filed in this appeal, are discountenanced and struck out.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

Was this dictum helpful?

GROUND OF APPEAL WHICH NO ISSUE HAS BEEN FORMULATED WILL BE STRUCK OUT

A ground of appeal which no issue has been formulated or has no bearing with any issue canvassed in the appeal is deemed abandoned and liable to be struck out.

— T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019

Was this dictum helpful?

No more related dictum to show.