Judiciary-Poetry-Logo
JPoetry

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.”

Was this dictum helpful?

SHARE ON

ISSUE: NATURE OF ISSUE & GROUNDS OF APPEAL

It is trite that a Respondent may not formulate issues outside the grounds of appeal contained in the Appellant’s Notice of Appeal, in this case contained in Pages 337 – 346 of the printed records of Appeal. Issues for determination must be based on and correlate with the grounds of appeal and should be an...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ISSUE DERIVED FROM BOTH COMPETENT & INCOMPETENT GROUND

It is also settled law that an issue for determination can only be distilled from a competent ground or competent grounds of appeal. As observed earlier, in a situation where an issue for determination is derived from both competent and incompetent grounds, the issue is liable to be struck out for incompetence. – Kekere-Ekun JSC....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

A GROUND OF APPEAL CANNOT BE BASED ON AN OBITER DICTUM

The law is trite that a ground of appeal cannot be based on an obiter dictum. A ground of appeal is based on a ratio decidendi. An obiter dictum is, as a general principle of law, not binding on courts; a ratio decidendi is. — Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
No more related dictum to show.