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DEFINITION OF A COMPETENT GROUND OF APPEAL

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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) Was this dictum helpful? Yes 0 No 0...

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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;...

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GROUNDS WHERE NO ISSUES ARISE FROM ARE DEEMED STRUCK OUT

It is trite that by the rules of practice and procedure, in particular, of the appellate Courts, appeals are to be determined on the issues distilled from the competent grounds of appeal raised against the judgment being appealed. Therefore, any ground of appeal from which no issue has been formulated is deemed to have been...

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APPEALING FACTS IN DEATH SENTENCE IS OF RIGHT

The right of appellant to appeal as of right on the 4 grounds complaining on facts is secured by Section 233 (2) (d) of the Constitution, the Court of Appeal having affirmed his death sentence. — E. Eko, JSC. Lawali v State (2019) – SC.272/2017 Was this dictum helpful? Yes 0 No 0...

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ISSUES MUST FALL WITHIN THE GROUNDS OF APPEAL FILED

It is necessary to emphasise the purpose of formulating issues for determination in briefs. Like pleadings to a litigation between the parties, the issues formulated are intended to accentuate the real issues for determination before the Court. The grounds of appeal allege the complaints of errors of law, fact or mixed law and fact against...

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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...

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