JACOB IBE v. THEO OSELOKA ORANWUSI
(2014)LCN/6847(CA)
RATIO
PRACTICE AND PROCEDURE: WHETHER AN APPEAL AGAINST THE JUDGMENT OF A COURT MUST CONSTITUTE THE GROUNDS OF APPEAL
Grounds of Appeal which can be related to the Judgment complained against must contain substantial and arguable points of law challenging the decision of the trial court. See UDEORAH Vs NWAKONOBI (2000) 7 NWLR (Pt.640) page 239 and MARTINS Vs NICANNAR FOOD CO. LTD (1988) 2 NWLR (Pt.74) page 75. It is therefore my considered opinion that since the Appellant did not appeal against the trial court’s declaration that the purported lease of property under contention is null and void, Ground 1 of the appeal cannot be sustained.
In his Brief of Argument, the Appellant formulated a sole issue for determination of this appeal. The sole issue has earlier been reproduced at page 3 of this Judgment. It is a cardinal rule in jurisprudential theory and practice that issues for determination before an appellate court must of necessity be circumscribed by the grounds of appeal filed. Consequently, it is wrong for an Appellant counsel to formulate issues for determination in excess of the grounds of appeal. In that regard, all such issues not connected with the grounds of appeal and the arguments relating thereto will be disregarded by the court and struck out accordingly. See DURWODE Vs STATE (2000) 2 NWLR (Pt. 645) P. 392, EFFION Vs IRONBAR (2000) 3 NWLR (Pt. 650) page 545 and AKPUNONU Vs BEAKART OVERSEAS (2000) 12 NWLR (Pt.682) page 553. Per ABUBAKAR JEGA ABDUL-KADIR, J.C.A.
