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)
SHARE ON
An omnibus ground of appeal is therefore designed to allow a complaint on evaluation of evidence and it encompasses complaint of improper evaluation of evidence. It implies that the judgment of the trial court cannot be supported by the weight of the evidence adduced by the successful party which the trial judge either wrongly accepted or that the inference drawn or conclusion reached by the trial Judge based on the accepted evidence cannot be justified. An omnibus ground of appeal also implies that there is no evidence which if accepted would support the findings of the trial judge.
– Ogwuegbu JSC. Ajibona v. Kolawole (1996)
The law is that once a preliminary objection succeeds in respect of some issues for determination in an appeal, there will be no need to go further to consider the arguments proffered on those issues formulated for determination which have been found to be infirmed and incompetent. See: Mosoba v. Abubakar (2005) 6 NWLR (Pt. 922) 460; NEPA v. Ango (2001) 15 NWLR (pt. 737) 627 at 645-6 46; Ralph Uwazurike and Ors v. Attorney General of the Federation (2007) 2 SCNJ 369 at p.380; B.A.S.F. Nig. Ltd v. Faith Enterprises Ltd (2010) 1 SCNJ 223 at P.249.
— T.S. YAKUBU, JCA. Fayose v ICN (2012) – CA/AE/58/2010
It is important to bear in mind the nature and scope of omnibus ground of appeal in civil cases. It must be stressed that when a complaint is against the weight of evidence, the complaint is of necessity against the totality of the evidence adduced before the court and not on a finding of fact on a specific issue or document as the case may be. In the latter case, the finding should be raised as a substantive ground of appeal. See Ndiwe v. Okocha (supra). It cannot be used to raise issues of or errors in law. The complaint questions the appraisal and evaluation of all the evidence adduced and not the weight to be attached to any particular piece of evidence.
– Ogwuegbu JSC. Ajibona v. Kolawole (1996)
This court deals with live issues and there is no need beating a dead horse as it will never rise again.
— T. Muhammad, JSC. VAB Petroleum v. Momah (2013) – SC.99/2004
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)
However, issue four which was partly distilled from grounds 6 and also from ground 7 and 8 should in my view be saved by the competent grounds 7 and 8 and is thus not liable to be struck out along with the incompetent ground 6. See Order 7 Rule 3 of the Court of Appeal Rules 2016. See also CBN and Anor v. Okojie and Ors (2002) LPELR – 836(SC).
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)
Click the icons to like, follow, and join JPoetry