The settled law is that an issue formulated for determination must be distilled from a ground of appeal, and where it has no ground of appeal to relate to, then it has no part to play in the determination of the appeal, and so the appellate court has no option than to disregard the said issue. Issue (1) in the appellant’s brief of argument also becomes incompetent and it is discountenanced.
– Mukhtar JSC. Nwankwo v. Ecumenical (2007)
SHARE ON
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)
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
Assessment or evaluation of evidence is a ground of fact; it requires the examination of documents used in securing the debt or payment thereof.
– Niki Tobi, JSC. Calabar CC v. Ekpo (2008)
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
It is necessary to emphasise the purpose of formulating issues for determination in briefs. Like pleadings to a litigation between the parties, the issues formulated are intended to accentuate the real issues for determination before the Court. The grounds of appeal allege the complaints of errors of law, fact or mixed law and fact against the judgment appealed against. The issues for determination accentuate the issues in the grounds of appeal relevant to the determination of the appeal in the light of the grounds of errors alleged. Hence the issues for determination cannot and should not be at large, but must fall within the purview of the grounds of appeal filed.
— A.G. Karibi-Whyte, JSC. Olowosago V. Adebanjo (SC.134/86, 29 Sep 1988)
Let me also add that, there is nothing in our law or rules which sets a time limit for bringing an application to amend the grounds of appeal, and the Court has a discretion to allow the amendment upon such terms as it may deem just. See IBRAHIM VS. OSHOMAH (1991) 6 NWLR (Pt.197) 286; OPARA VS. SCHLUMBERGER & ANOR (2006) 7 S.C. (Pt.III) 56.
– Bage, JSC. GTB v. Innoson (2017) – SC.694/2014(R)
Click the icons to like, follow, and join JPoetry