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NO NEED TO APPEAL SPECIFIC FINDINGS WHEN WHOLE DECISION HAS BEEN APPEALED

Dictum

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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MANY GROUNDS OF APPEAL MAY MAKE ONE ISSUE

It is trite law that one issue can contain many consistent grounds of appeal, but a single ground of appeal cannot give rise to two or more issues.

– Denton West JCA. Salaja v. Salaja (2013)

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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

It suffices to state, firstly, that an appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Iguh, JSC. Oshatoba v. Olujitan (2000)

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ISSUES ARE ARGUED NOT GROUNDS OF APPEAL

I think I ought to stress in the first place that it is the issues distilled from all appellant’s grounds of appeal that may be argued in the Court of Appeal or the Supreme Court and not the grounds of appeal.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

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MOTION ON NOTICE FOR OFFENDING GROUNDS

Where other grounds of appeal can sustain an appeal a Preliminary objection should not be filed, rather a Motion of Notice should be filed against the offending grounds of appeal. – Rhodes-Vivour JSC. Nwaolisah v. Nwabufoh (2011)

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A SINGLE GROUND OF APPEAL CAN SUSTAIN AN APPEAL

It is further regular even if one only of the four grounds of appeal is found to involve a question of law, as that ground can on its own sustain the appeal. – Adekeye JSC. Nwaolisah v. Nwabufoh (2011)

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PARTICULARS NOT NECESSARY WHERE COMPLAINT OF GROUND IS CLEAR

Where the complaint on a ground of law is clear and succinct, particulars may equate to repetition which is undesirable. Substantial justice must now have pre-eminence over technicality. See: Odoniyi v. Oyeleke (2001) SC 194 at 198; Nwosu v. Imo State Environmental Sanitation Authority (1990) 2 NWLR (pt. 688) 717.

— Fabiyi, JSC. Best Ltd. v. Blackwood Hodge (2011) – SC

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