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OMNIBUS GROUND OF APPEAL IS NOT A GROUND OF LAW

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OMNIBUS GROUND OF APPEAL IS NOT A GROUND OF LAW

Kenuj Inv. Ltd. v. D.H. & S.S. Ltd. (2026) 10 NWLR (Pt. 2049) 1 at 28, C—F: ‘It is trite that an omnibus ground of appeal alleging that the judgment of a trial court is against the weight of evidence is, by its very nature, not a ground of law. Failure to seek and obtain leave in respect thereof renders such a ground incompetent. In Mainasara v. F.B.N. (2021) LPELR – 56612 (SC), (2022) 6 NWLR (Pt. 1827) 465, this court held that: “It is trite that the omnibus ground of appeal which alleges that a decision of a trial court is against the weight of evidence is, by its inherent nature, not aground of law and failure to seek leave renders such ground incompetent. See Nwadike v. Ibekwe (1987) 4NWLR (Pt. 67) 718 at 743, para. H and 744, para. A; Teriba v. Adeyemo (2010) 11 NWLR (Pt. 1211) 243 at267, para. H.” In the circumstance, only ground 13 of the notice of appeal filed on the 8th day of August, 2018 is incompetent and liable to be struck out. All the other grounds, being grounds of law, are competent and sufficient to sustain the appeal. The said grounds therefore constitute a valid foundation upon which the amended notice of appeal filed on the 28th day of February, 2020 and deemed on the 6th day of July, 2021 rests.’

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grounds of appeal

THERE CAN BE NO ISSUE WHERE THERE IS NO GROUND OF APPEAL

Issues for determination must therefore be based on, correlate and be tied to a ground of appeal. The grounds of appeal must reflect the grievance of the appellant against the judgment of the trial court. In the absence of a valid ground of appeal any issue formulated is necessarily incompetent and is liable to be...

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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) Was this dictum helpful? Yes 0...

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RESPONDENT CANNOT RAISE ISSUES OUTSIDE THE GROUNDS OF APPEAL

It is settled law that issues for determination must relate to and arise from the grounds of appeal filed by the appellant and any issue that is not distilled from the grounds of appeal is incompetent and must be struck out. A respondent must formulate his issues from the grounds of appeal and he has...

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GROUNDS OF APPEAL SHOULD NOT BE LESS THAN THE ISSUES FORMULATED

A principle of formulation of issues in appeal is that the grounds of appeal should in no circumstance be less than the issues for determination. While the Court may tolerate equal number of grounds of appeal and issues framed therefrom, as in this case, a situation where there are less grounds of appeal than issues...

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EVALUATION OF FACT IS A GROUND OF FACT

Assessment or evaluation of evidence is a ground of fact; it requires the examination of documents used in securing the debt or payment thereof. – Niki Tobi, JSC. Calabar CC v. Ekpo (2008) Was this dictum helpful? Yes 0 No 0...

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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...

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