GROUNDS OF APPEAL MUST ARISE FROM THE JUDGEMENT

In Bello v Aruwa (1999) 8 NWLR (Pt.615) 454 it was held that grounds of appeal are not formulated in abstract. They must arise from the judgment in the same way as the issues arise from the grounds of appeal. And however meritorious a ground of appeal may be, it must be connected with the controversy between the parties at the trial court.

In Abiola v Abacha (1997) 6 NWLR (pt.509) 413 it was held that the grounds of appeal must stem from the decision of the court below.

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REQUIREMENT FOR INDICATION OF WHAT GROUND AN ISSUE WAS RAISED FROM

The primary purpose of the requirement that counsel should indicate from which of the grounds of an appeal issues raised in their brief of argument are derived, is to narrow and specifically identify the grounds from which such issues were distilled so as to readily show if they are valid and competent issues derived from competent grounds of the appeal. With the clear and express indication of the grounds of the appeal from which the two (2) issues raised in the Appellant’s brief, are distilled, the issues cannot reasonably be said to have been formulated from the other grounds not indicated in the issues. Beyond argument, the law still remains that grounds of appeal from which no issue was distilled or formulated (or indicated to have been distilled) are deemed abandoned.

– Garba, JCA. Dunlop v. Gaslink (2018)

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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

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)

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NO NEED TO APPEAL SPECIFIC FINDINGS WHEN WHOLE DECISION HAS BEEN APPEALED

It has been argued by the respondent’s counsel that the appellant did not appeal against this finding and some other findings made by the learned trial Judge, I must say that she was not given a fair hearing and has appealed against the whole judgment and does not need to appeal against everything said or every observation made by the learned trial Judge.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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GROUND OF APPEAL MUST BE PREMISED ON RATIO DECIDENDI OF COURT

I have looked at the short Ruling of the trial Court on pages 29 and 30 of the Records, and could see no reference in the Ruling to the concerns expressed by the Appellant in grounds (IV) and (V) of the appeal (which are also the issues (IV) and (V)). That means, the grounds (IV) and (V) and the issues, therefrom, formulated by the Appellant were completely outside the contemplation and purview or reasoning of the trial Court when it reached its conclusions. The law is trite that an appeal (the grounds and issue therefrom) must be founded on and derived from a valid complaint touching on the ratio decidendi (live issue) of the decision appealed against. See the case of Obosi Vs NIPOST (2013) LPELR -21397 CA, where it was held: “An issue for determination of appeal must flow from or predicate on the ground(s) of appeal, which, in turn, must derive from or challenge the ratio decidendi or live issue in the judgment appealed against.” See also Unilorin Vs Olwawepo (2012)52 WRN 42, held 1; Alataha Vs Asin (1999)5 NWLR (pt. 601)32; Punch Nig. Ltd. Vs Jumsum Nig. Ltd. (2011)12 NWLR pt 1260)162.

— I.G. Mbaba, JCA. Anozia v. Nnani & Anor. (2015) – CA/OW/29/2013

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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

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GROUNDS OF APPEAL MUST ARISE FROM THE JUDGEMENT

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REQUIREMENT FOR INDICATION OF WHAT GROUND AN ISSUE WAS RAISED FROM

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ISSUE MUST ARISE FROM GROUNDS OF APPEAL

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NO NEED TO APPEAL SPECIFIC FINDINGS WHEN WHOLE DECISION HAS BEEN APPEALED

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GROUND OF APPEAL MUST BE PREMISED ON RATIO DECIDENDI OF COURT

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

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