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
SHARE ON
It is now trite in law that the aim or purpose of a ground of appeal is to give the opposing party notice of the case it has to meet at the appellate Court and the particulars of error or misdirection alleged only intended to showcase the complaint against the decision appealed against. The particulars are not independent of the ground but must be in harmony and compatible with the grounds.
— Tanko Muhammad, JSC. Berger v Toki Rainbow (2019) – SC.332/2009
An issue is derived from a ground where the subject matter of the issue is the same as the subject matter of the complain in the ground. As this court has established in a long line of cases overtime, any issue raised for determination in an appeal that is not based on or covered by any ground of the appeal is not valid for consideration and must be struck out.
– Agim JSC. Pillars v. William (2021)
For issues for determination formulated by the respondent to be valid, they must be distilled from the grounds of appeal. In the instant case, as the respondents’ re-formulated issues are not shown to be tied to any of the grounds of appeal filed by the appellant they are discountenanced. [Ondo State University v. Folayan (1994) 7 NWLR (Pt.354) 1; Federal College of Education v. Anyanwu (1997) 4 NWLR (Pt.501) 533 at 560 referred to].
— Adeyemo v. Ida & Ors. (1998) – CA/1/6/92
It is trite law that one issue can contain many consistent grounds of appeal, but a single ground of appeal cannot give rise to two or more issues.
– Denton West JCA. Salaja v. Salaja (2013)
It is trite that by the rules of practice and procedure, in particular, of the appellate Courts, appeals are to be determined on the issues distilled from the competent grounds of appeal raised against the judgment being appealed. Therefore, any ground of appeal from which no issue has been formulated is deemed to have been abandoned and is liable to be discountenanced and struck out by the Court. Indeed, any such ground is lifeless and may not need a specific order to have it struck out yet should still be struck out. In this appeal, no issue has been formulated from grounds 4, 5, 6, 7 & 8 of the Amended Notice of Appeal. Meaning that those grounds are deemed abandoned. Accordingly, the said grounds 4, 5, 6, 7 & 8 are struck out.
— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013
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
Click the icons to like, follow, and join JPoetry