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REQUIREMENT FOR INDICATION OF WHAT GROUND AN ISSUE WAS RAISED FROM

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Dictum

The primary purpose of the requirement that counsel should indicate from which of the grounds of an appeal issues raised in their brief of argument are derived, is to narrow and specifically identify the grounds from which such issues were distilled so as to readily show if they are valid and competent issues derived from competent grounds of the appeal. With the clear and express indication of the grounds of the appeal from which the two (2) issues raised in the Appellant’s brief, are distilled, the issues cannot reasonably be said to have been formulated from the other grounds not indicated in the issues. Beyond argument, the law still remains that grounds of appeal from which no issue was distilled or formulated (or indicated to have been distilled) are deemed abandoned.

– Garba, JCA. Dunlop v. Gaslink (2018)

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NO TIME LIMIT FOR AMENDING GROUNDS OF APPEAL

Let me also add that, there is nothing in our law or rules which sets a time limit for bringing an application to amend the grounds of appeal, and the Court has a discretion to allow the amendment upon such terms as it may deem just. See IBRAHIM VS. OSHOMAH (1991) 6 NWLR (Pt.197) 286; OPARA VS. SCHLUMBERGER & ANOR (2006) 7 S.C. (Pt.III) 56.

– Bage, JSC. GTB v. Innoson (2017) – SC.694/2014(R)

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

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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WHAT IS AN OMNIBUS GROUND?

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

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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.”

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GROUNDS OF APPEAL DISMISSED WHERE NO ISSUE DRAWN

Indeed, there is no disputing the submission of the respondent that grounds 4 and 5 of the grounds of appeal are abandoned, no issues really having been drawn from those grounds. – Peter-Odili JSC. Chemiron v. Stabilini (2018)

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IT IS THE ISSUE FORMULATED THAT THE COURT CONSIDERS, NOT GROUNDS OF APPEAL

It has to be noted that what an appellate court considers in its decision are the issues formulated for determination not the ground or grounds of appeal or every question that arises from the ground(s) of appeal, see Ibori v. Agbi (2004) All FWLR (Pt. 202) 1799, (2004) 6 NWLR (Pt. 868) 78. — Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

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