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)
SHARE ON
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.”
I have to observe that learned counsel for the appellants did not make any submission in relation to issue No C as formulated by him in the brief of argument and is consequently deemed to have been abandoned.
– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)
It is also settled law that an issue for determination can only be distilled from a competent ground or competent grounds of appeal. As observed earlier, in a situation where an issue for determination is derived from both competent and incompetent grounds, the issue is liable to be struck out for incompetence.
– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017 CITEC v. Francis (2021) – SC.720/2017
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
For issues for determination formulated by the respondent to be valid, they must be distilled from the grounds of appeal. In the instant case, as the respondents’ re-formulated issues are not shown to be tied to any of the grounds of appeal filed by the appellant they are discountenanced. [Ondo State University v. Folayan (1994) 7 NWLR (Pt.354) 1; Federal College of Education v. Anyanwu (1997) 4 NWLR (Pt.501) 533 at 560 referred to].
— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92
Where the law or rule prescribed the procedure to be taken in the performance of an act is not complied with, the performance of the act in the circumstance is a nullity. Section 233 (3) (a) provides that subject to the provisions of “Subsection (2) of this section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with leave of the Court of Appeal or the Supreme Court.” In other words, a party desiring to appeal the decision of the Court of Appeal to the Supreme Court on mixed law and facts or facts is required to obtain the leave of the Court of Appeal or the Supreme Court to file the notice and grounds of appeal.
— W.S.N. Onnoghen, JSC. SPDC v Agbara (2019) – SC.731/2017(R)
Click the icons to like, follow, and join JPoetry