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. CITEC v. Francis (2021) – SC.720/2017 CITEC v. Francis (2021) – SC.720/2017

Was this dictum helpful?

ESSENCE OF PARTICULARS OF GROUND OF APPEAL

The essence of particulars to a ground of appeal is to explain or substantiate on the ground or grounds. Where the particulars are incorporated and embedded in the ground of appeal, as in this case, it does not make ground 2 incompetent. This method I would term as a “short cut” in drafting and formulating grounds of appeal by the learned counsel to the Appellant.

– Uwa, JCA. GTB v. Innoson (2014) – CA/I/258/2011

Was this dictum helpful?

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

Was this dictum helpful?

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 answer to the grounds of appeal. An issue may encompass one or more grounds of appeal, it is incompetent where the issues are not based on the grounds of appeal, they are irrelevant. Issues for determination in an appeal is akin to pleadings in the lower Court, hence adherence to the strict observance of the rules on formulating issues for determination. If all the above constituent elements or requirements of the doctrine are not fully established, the plea of estoppel per rem judicatam can not be sustained.

– Nwaoma Uwa, JCA. NOGA v. NICON (2007)

Was this dictum helpful?

ISSUE NOT TIED TO A GROUND OF APPEAL IS OF NO MOMENT

Issue 1 was formulated from ground 1 while Issue 2 does not flow from any of the seven grounds of Appeal. No Issue or Issues were formulated or argued in respect of grounds 2-7 of his Notice of Appeal. A fortiori, the Appellant appears to have abandoned grounds 2-7 of his Notice of Appeal. In the same vein, Issue No. 2 is not tied to any ground of Appeal and therefore is of no moment. See Yadis Nigeria Ltd v. Great Nigeria Insurance Coy Ltd (2007) 30 NSQR (Pt. 1) page 495.

— P.O. Elechi, JCA. Onoeyo v UBN (2014) – CA/C/66/2007

Was this dictum helpful?

ISSUE MUST ARISE FROM A GROUND OF APPEAL

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)

EVALUATION OF FACT IS A GROUND OF FACT

Reach more audience. Place advert here.

Was this dictum helpful?

ISSUE DERIVED FROM BOTH COMPETENT & INCOMPETENT GROUND

Was this dictum helpful?

ESSENCE OF PARTICULARS OF GROUND OF APPEAL

Was this dictum helpful?

A GROUND OF APPEAL CANNOT BE BASED ON AN OBITER DICTUM

Was this dictum helpful?

ISSUE: NATURE OF ISSUE & GROUNDS OF APPEAL

Was this dictum helpful?

ISSUE NOT TIED TO A GROUND OF APPEAL IS OF NO MOMENT

Was this dictum helpful?

ISSUE MUST ARISE FROM A GROUND OF APPEAL

Was this dictum helpful?