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)

Was this dictum helpful?

A COMPETENT APPEAL ARISES FROM A LOWER COURT’S DECISION

A competent appeal to this Court from the Court of Appeal, the Court below, arises only from that Court’s decision. In the case at hand where an issue had not been heard and decided by the Court of Appeal, an appeal to this Court, by virtue of Section 233(2) of the 1999 Constitution as amended, does not enure. See THOR V. FIRST CITY MERCHANT BANK LTD (2002) LPELR – 8061 (SC) and OYAKHIRE V. STATE (2006) LPELR-2863 (SC).

— M.D. Muhammad, JSC. Friday Charles v. The State of Lagos (SC.CR/503/2020, Friday March 31 2023)

Was this dictum helpful?

GROUND OF APPEAL CANNOT ATTACK OBITER DICTUM

A ground of appeal must arise from the judgment appealed against and must be an attack on a ratio decidendi of the judgment and not an obiter dictum. – Ekanem JCA. C.O.P. v. Doolor (2020) – CA/MK/182/2017

Was this dictum helpful?

ESSENCE OF PARTICULARS OF GROUND OF APPEAL

The essence of particulars to a ground of appeal is to explain or substantiate on the ground or grounds. Where the particulars are incorporated and embedded in the ground of appeal, as in this case, it does not make ground 2 incompetent. This method I would term as a “short cut” in drafting and formulating grounds of appeal by the learned counsel to the Appellant.

– Uwa, JCA. GTB v. Innoson (2014) – CA/I/258/2011

Was this dictum helpful?

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)

Was this dictum helpful?

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 the same vein, Issue No. 2 is not tied to any ground of Appeal and therefore is of no moment. See Yadis Nigeria Ltd v. Great Nigeria Insurance Coy Ltd (2007) 30 NSQR (Pt. 1) page 495.

— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007

APPEALING MIXED LAW AND FACT REQUIRES LEAVE OF COURT

Reach more audience. Place advert here.

Was this dictum helpful?

NO TIME LIMIT FOR AMENDING GROUNDS OF APPEAL

Was this dictum helpful?

A COMPETENT APPEAL ARISES FROM A LOWER COURT’S DECISION

Was this dictum helpful?

GROUND OF APPEAL CANNOT ATTACK OBITER DICTUM

Was this dictum helpful?

ESSENCE OF PARTICULARS OF GROUND OF APPEAL

Was this dictum helpful?

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

Was this dictum helpful?

ISSUE NOT TIED TO A GROUND OF APPEAL IS OF NO MOMENT

Was this dictum helpful?