It is also settled law that an issue for determination can only be distilled from a competent ground or competent grounds of appeal. As observed earlier, in a situation where an issue for determination is derived from both competent and incompetent grounds, the issue is liable to be struck out for incompetence.
– Kekere-Ekun JSC. CITEC v. Francis (2021) – SC.720/2017 CITEC v. Francis (2021) – SC.720/2017
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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.”
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)
Where the complaint in the ground of appeal is one of misunderstanding by the court of the law or misapplication of the law to the facts already established, it is a ground of Law. Where the ground of appeal disputes or questions the evaluation of facts by the court before applying the law, it is a ground of mixed law and fact.
– Rhodes-Vivour JSC. Nwaolisah v. Nwabufoh (2011)
It is trite law that where a party alleged misdirection of law, he must show particulars of the misdirection related to a specific finding or observation or reasoning in the judgment of the trial Court. The particulars of the alleged misdirection must necessarily be stated because not every misdirection will be fatal to the decision of the trial Court or lead to setting same aside on appeal. See M/V CAROLINE MAERSK and ORS. v. NOKOY INV. LTD (2002) LPELR- 3182 (SC) and OKOTIE-EBOH v. MANAGER and ORS. (2004) LPELR.
— B.B. Aliyu, JCA. Oboh v. Oboh (2021) – CA/B/372/12
In this preliminary objection, the crux of the complaint is that the grounds of appeal in the notice of appeal are vague and unreasonable. Vague and unreasonable grounds of appeal from our established principles of law are those grounds of appeal couched in a manner which does not provide any solid or explicit standard for it to be understood. An illusive complaint which is lacking in depth and is more windy, evasive, ambiguous, debatable, disputable and inexplicable. See the cases of Set Success Ent.& Co., Ltd v. Ibeju-Lekki Local Government (2021) LPELR — 56608 (SC), Adamu v. C.O.P. Plateau State Command (2020) LPELR – 51956 (CA).
— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020
Actually, one is at sea where this issue was lifted or distilled from as it does not have any relationship with any of the grounds of Appeal. It is trite that an issue for determination must flow from the ground of Appeal filed. Where an issue for determination in an appeal is not related to or based on ground of appeal filed, it is incompetent, valueless and must be ignored by the Court. See Akese v. Government Oyo State (2012) ALL FWLR (Pt. 634) Page 53, Madukolum v. Nkemdilim (1962) 2 SCNLR Page 34. Omo v. JSC Delta State (2000) 12 NWLR (Pt. 682) page 444.
— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007
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