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ISSUES MUST FALL WITHIN THE GROUNDS OF APPEAL FILED

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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)

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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

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WHERE PARTICULARS NOT IN SUPPORT OF GROUND, GROUND IS INCOMPETENT

Access Bank Plc v Sijuwade (2016) LPELR 40188 (CA) per Danjuma JCA: “… the sum total of all legal principles and judicial precedents on the relationship between ground of appeal and supporting particulars is that on reading a ground of appeal and its particulars, the adverse party must be left in no doubt as to what the complaint of the appellant is. In other words, a ground of appeal and its particulars go together. Where the particulars in support of ground are not related to the ground, the ground is incompetent. See Hambe v Hueze (2001) 2 SC 26.”

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TWO ISSUES CANNOT ARISE FROM A SINGLE GROUND OF APPEAL

‘Unarguably, issues No. 1 and 2 were distilled from ground 1, albeit with other grounds of appeal Mr Ajayi for the appellant, had no answer to the contention of Mr. Falana, for the respondents, on this vital issue of law Thus, I take it that he has conceded to it. The law is that a ground of appeal is not to be split into two issues. That is, a ground of appeal is not to carry two issues or put in another way, two issues are not to be formulated from a ground of appeal. See the more recent decision of the Supreme Court in Adekunle Teriba v. Ayoade Tiamiyu Adeyemo (2010) 4 SCNJ 59 at P.67. Thus, whilst one issue for determination is permitted to be distilled from one ground of appeal or two or more grounds of appeal, two issues for determination cannot be distilled from one ground of appeal, otherwise both the issues and the ground of appeal will be liable to be struck out as being incompetent. See: Odoemena Nwaigwe and Ors v. Nze Edwin Okere (2008) 5 SCNJ 256; Yadis Nig. Ltd. v. Great Nigeria Insurance Co. Ltd. (2007) 5 SCNJ 86.’

— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010

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OMNIBUS GROUND OF APPEAL IS NOT A GROUND OF LAW

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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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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GROUND AGAINST WRONGFUL ADMISSION OF EVIDENCE NEED NO LEAVE

A ground of appeal against wrongful admission of evidence or wrongful reliance on it in a final appeal is proper and arises from the judgment. It requires no leave of Court to raise it. – Ekanem JCA. C.O.P. v. Doolor (2020) – CA/MK/182/2017

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