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EVALUATION OF FACT IS A GROUND OF FACT

Dictum

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)

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WHEN IS A GROUND OF APPEAL SAID TO BE VAGUE

The case of Hassan v. Buhari and Ors., (2022) LPELR – 56677 (CA), where this Court per Abiru, JCA, explained what constitutes a vague ground of appeal, as follows: “Now, a ground of appeal is said to be vague and imprecise when it is couched in a manner which does not provide any explicit standard for its being understood or when what is stated is so uncertain that it is not susceptible of being understood. It may also be considered vague when the complaint is not defined in relation to the subject or it is not defined in relation to the subject or it is not particularized or the particulars are clearly irrelevant – Central Bank of Nigeria v. Okojie (2002) 8 NWLR (Pt. 768) 48, Governor, Ekiti State v. Osayomi (2005) 2 NWLR (Pt. 909) 67, Imam v. Sheriff (2005) 4 NWLR (Pt. 914) 80 and Nwabueze v. Nwora (2005) 8 NWLR (Pt. 926) 1. In other words, where the complaint in a ground of appeal is discernible vis-a-vis the judgment of a lower Court, the ground of appeal cannot be said to be vague or imprecise”.

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SAFEST THING IS TO APPLY FOR MIXED LAW & FACT

It is usually difficult to out rightly determine whether a ground of a law is purely one of law alone or is of mixed law and fact. Where a counsel is confronted with such difficulty, the safest thing for him to do, is to apply for leave on the ground or grounds of mixed law and facts.

— P.A. Galinje JSC. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Anor. (SC.535/2013(R), 23 June 2017)

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AIM OF GROUND OF APPEAL IS TO OUT THE OPPOSING PARTY IN NOTICE OF COMPLAINT

It is now trite in law that the aim or purpose of a ground of appeal is to give the opposing party notice of the case it has to meet at the appellate Court and the particulars of error or misdirection alleged only intended to showcase the complaint against the decision appealed against. The particulars are not independent of the ground but must be in harmony and compatible with the grounds.

— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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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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GROUNDS OF APPEAL MUST BE BASED ON THE CONTROVERSY / DISPUTE

In all cases, the subject matter for determination must be an issue in controversy between the parties. The decision appealed against must have decided the issue. In every appeal, the issue or issues in controversy are fixed and circumscribed by a statement of the part of the decision appealed against. Hence, the grounds of appeal must ex necessitate be based on such issues in controversy – See Niger Construction Co. Ltd v. Okugbeni (1987)4 NWLR. (Pt.67) 787. Where a ground of appeal cannot be fixed and circumscribed within a particular issue in controversy in the judgment challenged, such ground of appeal cannot justifiably be regarded as related to the decision. A fortiori, no issue for determination can be formulated therefrom.

— A.G. Karibe-Whyte, JSC. Saraki v. Kotoye (1992) – S.C. 250/1991

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