Judiciary-Poetry-Logo
JPoetry

ISSUES MUST FALL WITHIN THE GROUNDS OF APPEAL FILED

Reach more audience. Place advert here.

Dictum

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 the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.

— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)

Was this dictum helpful?

SHARE ON

GROUND WILL BE STRUCK OUT WHERE NO ISSUE ARISES THEREFROM

The law is that in the absence of any issue(s) being so formulated from the grounds, the said grounds of appeal are deemed abandoned and liable to be struck out. I therefore hold that grounds 1,3 and 5 having been abandoned by the appellants are hereby struck out.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

Was this dictum helpful?

EVEN IF A GROUND OF APPEAL IS INELEGANT, IT WILL NOT BE STRUCK OUT

In short, the position, in my humble view, is that once it is possible to make sense out of a ground of appeal that complains both of error in law and misdirection in fact, the ground of appeal is valid, the defect in its form notwithstanding. The rationale behind this lies in the shift in emphasis from technical justice to substantial justice – from form to substance. In other words, though a ground of appeal that complains of an error in law and misdirection in fact may be inelegant in drafting and thereby defective in form, that defect alone is not sufficient to have it struck out provided the complaints therein are clear – see pages 265 – 266 of Aderounmu v. Olowu (supra) per Ayoola JSC.

— Onnoghen JSC. Aigbobahi & Ors. v. Aifuwa, Osabuohien & Ors. (SC. 194/2001, 3 Feb 2006)

Was this dictum helpful?

WHERE NO LEAVE OBTAINED, ISSUES AND ARGUMENTS THEREON WILL BE STRUCK OUT

It is true that once no leave was shown to have been obtained by the Appellant before filing the grounds of appeal alleging error of facts based on evidence the said grounds together with the issues distilled therefrom and the arguments proffered thereon are liable to be struck out. See Nwadike v. Ibekwe (1987) 4 NWLR (pt. 67) 718; Ogbechie v. Onochie (1986) 2 NWLR (pt. 23) 484; Ifediorah v. Ume (1988) 2 NWLR (pt. 74) 5.

— M.U. Peter-Odili, JSC. Ugo v. Ugo (2007) – CA/A/110/2007

Was this dictum helpful?

INELEGANT GROUND OF APPEAL DOES NOT MAKE AN APPEAL INCOMPETENT

I would want to say in this appeal that where the presentation of the particulars are not elegantly presented that would not be used to punish a litigant to get the ground of appeal struck out for incompetence in a situation where the ground of appeal in substance is valid. See Ogboru v Okowa (2016) 11 NWLR (Pt.1522) 84, 146; Omisore v Aregbesola (2015) 15 NWLR (Pt.1482) 205; Dakolo v Dakolo (2011) 16 NWLR (Pt.1272) 22.

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

Was this dictum helpful?

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?

ISSUES ARE ARGUED NOT GROUNDS OF APPEAL

I think I ought to stress in the first place that it is the issues distilled from all appellant’s grounds of appeal that may be argued in the Court of Appeal or the Supreme Court and not the grounds of appeal.

– Iguh, JSC. Oshatoba v. Olujitan (2000)

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 1845 | UO – 1 | GO – 1605 | BO – 239

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.