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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A ground of appeal which no issue has been formulated or has no bearing with any issue canvassed in the appeal is deemed abandoned and liable to be struck out.
— T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019
It is trite law that an issue for determination in an appeal must relate to and arise from the grounds of appeal filed. Therefore any issue which is not related to any ground of appeal is not only vague but also incompetent and liable to be ignored in the determination of the appeal or struck out.
– Mahmud JSC. Ogiorio v. Igbinovia (1998)
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
My Lords, I have for the sake of doing substantial justice to the parties taken time to read over and over again the above ground 6 and the more I read it the more meaningless it comes across to me. Both the grounds and the particulars taken together reveal no complaint against the judgment of the Court below when not a single rule or regulation not identified and evaluated by the Court below in its judgment was disclosed in the ground and its particulars. I therefore cannot but agree with the apt and unassailable submissions of the learned counsel for the 1st -4th Respondent that ground 6 defies all understanding and is thus vague and incompetent and I so hold. This objection is hereby upheld and consequently ground 6 is hereby struck out for being incompetent.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
In this preliminary objection, the crux of the complaint is that the grounds of appeal in the notice of appeal are vague and unreasonable. Vague and unreasonable grounds of appeal from our established principles of law are those grounds of appeal couched in a manner which does not provide any solid or explicit standard for it to be understood. An illusive complaint which is lacking in depth and is more windy, evasive, ambiguous, debatable, disputable and inexplicable. See the cases of Set Success Ent.& Co., Ltd v. Ibeju-Lekki Local Government (2021) LPELR — 56608 (SC), Adamu v. C.O.P. Plateau State Command (2020) LPELR – 51956 (CA).
— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020
‘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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