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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The Respondent seeks to attack the ground of appeal as part of its response to issue no (i). The purpose of issues for determination, is to identify what the issues in the grounds of appeal are. An issue cannot be formulated out of a non-existent or invalid ground of appeal. Therefore, all the arguments canvassed by the Respondent attacking the legitimacy of the two grounds of appeal which were not predicated on the grounds of appeal filed in this appeal, are discountenanced and struck out.
– Yahaya, JCA. Petroleum Resources v. SPDC (2021)
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
It is settled law that issues for determination must relate to and arise from the grounds of appeal filed by the appellant and any issue that is not distilled from the grounds of appeal is incompetent and must be struck out. A respondent must formulate his issues from the grounds of appeal and he has no business to raise any issue outside them when he did not file a cross appeal or a respondent’s notice that the judgment of the court should be affirmed on other grounds. See:- “ Carlen (Nig.) Ltd. v. University of Jos and Anor (1994) 1 SCNJ 72 Agwundu and Ors v. Onwumere (1994) 1 SCNJ 106 Godwin v. C.A.C. (1998) 14 NWLR (Pt. 584) 162 Shitta Bey v. Attorney-General of the Federation (1998) 10 NWLR (Pt. 570) 392.
— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)
The principle of law is that the grounds of appeal should in no circumstance be less than the issues for determination. Since the Respondent did not marry his issues with the grounds of appeal, I am left with one option – to strike out the Respondent’s third issue. Issue three in the Respondent’s brief is hereby struck out as it does not relate to any of grounds one or two of the appellant’s grounds of appeal. (See Omo v. JSC Delta State (2000) 7 SC (Pt. 11) page 1.
— N.S. Ngwuta, JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)
Issues for determination numbers (1), (3), (4) and (6) are based on no grounds of appeal at all or upon grounds 4 and 5 which had already been struck out. This should not be. Counsel will do well to remember that issues for determination must arise from and relate to the grounds of appeal filed, and no more. Conversely, any issue for determination which has no ground of appeal to support it is worse than useless: See on this Osinupebi v Saibu & ors. (1982) 7 S.C. 104 at pp. 110-111; also Western Steel Works Limited & Anor. v. Iron & Steel Workers Union of Nigeria (1987) 1N. W.L.R. (Part 49) 284, at p. 304.
— Nnaemeka-Agu, JSC. Ugo v Obiekwe (1989) – SC.207/1985
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
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