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GROUNDS OF APPEAL ARE EXPLANATORY NOTES OF WHAT IS IN CONTEST

Dictum

In Waziri v Geidam (2016) 11 NWLR (Pt.1523) 230 at 256, I had in this Court stated that:- “The functions which particulars to a ground of appeal are required to perform are to highlight the grouse of the appellants against the judgement on appeal. They are specifications of errors and misdirection which show the complaint the appellants are screaming about and the line of thought the appellants are going to canvass in their brief of argument. What is fundamental is that the ground of appeal are really explanatory notes on what is in contest and the particulars which open and exposed so that there is no attempt at an ambush or giving of room to which the respondent would say he was left in the dark of what he was to defend on appeal or that they are unable to understand or appreciate the complaint in the said ground.”

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ISSUES ARE ARGUED NOT GROUNDS OF APPEAL

I think I ought to stress in the first place that it is the issues distilled from all appellant’s grounds of appeal that may be argued in the Court of Appeal or the Supreme Court and not the grounds of appeal. – Iguh, JSC. Oshatoba v. Olujitan (2000) Was this dictum helpful? Yes 0 No...

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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,...

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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...

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WHERE NO LEAVE OBTAINED, ISSUES AND ARGUMENTS THEREON WILL BE STRUCK OUT

It is true that once no leave was shown to have been obtained by the Appellant before filing the grounds of appeal alleging error of facts based on evidence the said grounds together with the issues distilled therefrom and the arguments proffered thereon are liable to be struck out. See Nwadike v. Ibekwe (1987) 4...

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