It has been argued by the respondent’s counsel that the appellant did not appeal against this finding and some other findings made by the learned trial Judge, I must say that she was not given a fair hearing and has appealed against the whole judgment and does not need to appeal against everything said or every observation made by the learned trial Judge.
— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)
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In plethora of decided cases, a ground of appeal that postulates that the decision of the trial Court is against the weight of evidence or cannot be supported by the weight of evidence is christened an Omnibus Ground. It also implies that there is no evidence which if accepted would support the finding of the trial Court.
— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019
It is also trite that an Omnibus Ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial, see IREJU NWOKIDU AND 3 ORS V MARK OKANU AND ANOR (2010) 1 SC (Pt. 1) 136, ODOEMENA NWAIGWE AND ORS V NZE EDWIN OKERE (2008) 5-6 SC (Pt. 11) 93. Put in another way, an Omnibus Ground of Appeal is a complaint on evaluation of evidence which encompasses a complaint that the trial Court failed to properly evaluate the evidence before the Court, see AJIBONA V KOLAWOLE (1996) 12 SCNJ 270.
— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019
Issues for determination numbers (1), (3), (4) and (6) are based on no grounds of appeal at all or upon grounds 4 and 5 which had already been struck out. This should not be. Counsel will do well to remember that issues for determination must arise from and relate to the grounds of appeal filed, and no more. Conversely, any issue for determination which has no ground of appeal to support it is worse than useless: See on this Osinupebi v Saibu & ors. (1982) 7 S.C. 104 at pp. 110-111; also Western Steel Works Limited & Anor. v. Iron & Steel Workers Union of Nigeria (1987) 1N. W.L.R. (Part 49) 284, at p. 304.
— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985
It is usually difficult to out rightly determine whether a ground of a law is purely one of law alone or is of mixed law and fact. Where a counsel is confronted with such difficulty, the safest thing for him to do, is to apply for leave on the ground or grounds of mixed law and facts.
— P.A. Galinje JSC. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Anor. (SC.535/2013(R), 23 June 2017)
As can be observed, the issues formulated in the Appellant’s brief are indicated to have distilled from grounds 2 and 8 of the Appellant’s Notice of Appeal while there is no indication by the Respondent’s Counsel, from which of the grounds of the appeal, since there is no cross appeal here or a Respondent’s notice, the additional issue was raised. The requirement of diligent of brief writing in the appellate Courts is that counsel should indicate from which grounds of an appeal every issue/s submitted for determination in an appeal, was/were distilled.
– Garba, JCA. Dunlop v. Gaslink (2018)
It is settled law that a ground of appeal is basically a highlight of the error of law or fact or mixed law and fact made by the court in the decision sought to be set aside in the appeal. It is the sum total of the reason(s) why the decision on appeal is considered by learned counsel for the appellant to be wrong and liable to be set aside. It follows therefore that for a ground of appeal to be capable of achieving the purpose of setting aside the decision appealed against, it has to be very substantial and must relate to the ratio of the decision, not directed at the obiter dictum of the court or in the judgment.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
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