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WHAT IS A GROUND OF APPEAL?

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Dictum

It is settled law that a ground of appeal is basically a highlight of the error of law or fact or mixed law and fact made by the court in the decision sought to be set aside in the appeal. It is the sum total of the reason(s) why the decision on appeal is considered by learned counsel for the appellant to be wrong and liable to be set aside. It follows therefore that for a ground of appeal to be capable of achieving the purpose of setting aside the decision appealed against, it has to be very substantial and must relate to the ratio of the decision, not directed at the obiter dictum of the court or in the judgment.

– Mukhtar JSC. Nwankwo v. Ecumenical (2007)

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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

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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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SAFEST THING IS TO APPLY FOR MIXED LAW & FACT

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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COMPLAIN FOR MISAPPLICATION OF THE LAW IS A GROUND OF LAW

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)

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ISSUE CANNOT ARISE OUT OF NONEXISTENT GROUND OF APPEAL

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)

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