USE MOTION ON NOTICE TO CHALLENGE SOME OF THE GROUNDS OF APPEAL

Inspector Isa Sarki V. John Lamela (2016) LPELR — 40338 (CA), the Court of Appeal stated, “It is the law that where the purpose of an objection is merely to challenge some of the grounds of appeal and not the competence of the entire appeal, the best procedure is by way of a motion on notice since its success would not in any way terminate the entire appeal in limine. On the other hand, where the purpose of an objection is to terminate in limine the entirety of the appeal, the best procedure is by way of a notice of preliminary objection challenging the competence of the entire appeal.”

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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

I have to observe that learned counsel for the appellants did not make any submission in relation to issue No C as formulated by him in the brief of argument and is consequently deemed to have been abandoned.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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COUNSEL SHOULD INDICATE WHAT GROUND AN ISSUE WAS RAISED FROM

As can be observed, the issues formulated in the Appellant’s brief are indicated to have distilled from grounds 2 and 8 of the Appellant’s Notice of Appeal while there is no indication by the Respondent’s Counsel, from which of the grounds of the appeal, since there is no cross appeal here or a Respondent’s notice, the additional issue was raised. The requirement of diligent of brief writing in the appellate Courts is that counsel should indicate from which grounds of an appeal every issue/s submitted for determination in an appeal, was/were distilled.

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

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EASY WAY TO IDENTIFY A GROUND OF FACT FROM A GROUND OF LAW

In Enterprise Bank Ltd. v. Deaconess F. Bose Aroso & 5 ors. Suit No.166/2003 judgment delivered on the 12th of April, 2013: “Before making the distinction between grounds of law, mixed law and facts, and facts, first of all read carefully the ground of appeal and its particulars to understand thoroughly the substance of the complaint. Find out if the ground of appeal contests facts. If it does it can only be a ground of facts or mixed law and facts. Once facts are not in dispute. That is to say facts are settled, a ground of appeal can never be on facts or mixed law and facts. The ground of appeal can only complain of the wrong application of the law to settled facts and that is a ground of law. It is very easy to identify a ground of appeal on facts.”

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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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NOT MORE THAN ONE ISSUE FROM A GROUND OF APPEAL

It is inappropriate to distill more than one issue from one ground of appeal. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

MANY GROUNDS OF APPEAL MAY MAKE ONE ISSUE

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USE MOTION ON NOTICE TO CHALLENGE SOME OF THE GROUNDS OF APPEAL

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GROUND WILL BE ABANDONED WHERE NO ARGUMENT SUBMISSION FOR SAME

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COUNSEL SHOULD INDICATE WHAT GROUND AN ISSUE WAS RAISED FROM

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EASY WAY TO IDENTIFY A GROUND OF FACT FROM A GROUND OF LAW

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

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NOT MORE THAN ONE ISSUE FROM A GROUND OF APPEAL

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