WHERE PARTICULARS NOT IN SUPPORT OF GROUND, GROUND IS INCOMPETENT

Access Bank Plc v Sijuwade (2016) LPELR 40188 (CA) per Danjuma JCA: “… the sum total of all legal principles and judicial precedents on the relationship between ground of appeal and supporting particulars is that on reading a ground of appeal and its particulars, the adverse party must be left in no doubt as to what the complaint of the appellant is. In other words, a ground of appeal and its particulars go together. Where the particulars in support of ground are not related to the ground, the ground is incompetent. See Hambe v Hueze (2001) 2 SC 26.”

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A SINGLE GROUND OF APPEAL CAN SUSTAIN AN APPEAL

It is further regular even if one only of the four grounds of appeal is found to involve a question of law, as that ground can on its own sustain the appeal. – Adekeye JSC. Nwaolisah v. Nwabufoh (2011)

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OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

It is also trite that an Omnibus Ground of appeal is a general ground of fact complaining against the totality of the evidence adduced at the trial, see IREJU NWOKIDU AND 3 ORS V MARK OKANU AND ANOR (2010) 1 SC (Pt. 1) 136, ODOEMENA NWAIGWE AND ORS V NZE EDWIN OKERE (2008) 5-6 SC (Pt. 11) 93. Put in another way, an Omnibus Ground of Appeal is a complaint on evaluation of evidence which encompasses a complaint that the trial Court failed to properly evaluate the evidence before the Court, see AJIBONA V KOLAWOLE (1996) 12 SCNJ 270.

— M.N. Oniyangi, JCA. Jos Met. Dev. v. Umealakei (2020) – CA/J/481/2019

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PARTICULARS NOT NECESSARY WHERE COMPLAINT OF GROUND IS CLEAR

Where the complaint on a ground of law is clear and succinct, particulars may equate to repetition which is undesirable. Substantial justice must now have pre-eminence over technicality. See: Odoniyi v. Oyeleke (2001) SC 194 at 198; Nwosu v. Imo State Environmental Sanitation Authority (1990) 2 NWLR (pt. 688) 717.

— Fabiyi, JSC. Best Ltd. v. Blackwood Hodge (2011) – SC

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GROUND AGAINST WRONGFUL ADMISSION OF EVIDENCE NEED NO LEAVE

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

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ISSUE MUST HAVE A GROUND OF APPEAL SUPPORTING IT

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

NOT MORE THAN ONE ISSUE FROM A GROUND OF APPEAL

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WHERE PARTICULARS NOT IN SUPPORT OF GROUND, GROUND IS INCOMPETENT

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A SINGLE GROUND OF APPEAL CAN SUSTAIN AN APPEAL

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OMNIBUS GROUND OF APPEAL REQUIRES LEAVE OF COURT

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PARTICULARS NOT NECESSARY WHERE COMPLAINT OF GROUND IS CLEAR

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GROUND AGAINST WRONGFUL ADMISSION OF EVIDENCE NEED NO LEAVE

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ISSUE MUST HAVE A GROUND OF APPEAL SUPPORTING IT

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