MRS. ADEKEMI SONUGA & ANOR V. THE BRANCH MANAGER & ANOR
(2011)LCN/4741(CA)
In The Court of Appeal of Nigeria
On Monday, the 18th day of July, 2011
CA/L/526/2008
RATIO
GROUND OF APPEAL: FUNCTION OF A GROUND OF APPEAL
An appeal attacks a decision of a court or tribunal. It challenges the reasons for the conclusions of a court or tribunal. To do this, a ground of appeal must identify an error of law or misdirection and relate it to the decision. A ground of appeal may also challenge a decision in relation to the weight of evidence placed before the court by the parties. Omissions leading to wrong confusions may also constitute proper grounds of appeal. See Adeku v. Federal Republic of Nigeria (2009) 1 NWLR (pt. 7745) 370. But a ground of appeal must be fixed and circumscribe a particular issue to establish why a decision is wrong. See Ejiwhowu v. Edok-Eter Ltd (1986) 5 NWLR, Aqua Ltd Ondo State Sports Council (1988) 4 NWLR 622. PER R.C. AGBO, J.C.A
PRELIMINARY OBJECTION: EFFECT OF A SUCCESSFUL PRELIMINARY OBJECTION
The grounds of appeal are not only lacking in specificity but also jumble up issues of error in law and misdirection.This preliminary objection succeeds. The appeal is struck out for want of competence of the grounds of appeal. PER R.C. AGBO, J.C.A
GROUND OF APPEAL: WHETHER A VALID ISSUE CAN BE FORMULATED FROM AN INVALID GROUND OF APPEAL
The law is elementary, that a ground of Appeal against a decision must relate to and challenge the validity of the ratio of the decision. Therefore, no valid issue can be formulated from an invalid ground of Appeal, which does not relate to the Judgment being challenged. PER RITA NOSAKHARE PEMU, J.C.A
APPEAL COURT: CIRCUMSTANCES WHERE THE APPEAL COURT WILL ALLOW AN APPEAL
…the Appeal Court will allow an appeal, where the decision of the lower court was wrong, or unjust because of a serious procedural or other irregularity in the proceedings, in the lower court. PER RITA NOSAKHARE PEMU, J.C.A
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria
RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Between
1. MRS. ADEKEMI SONUGA
(For herself and as administratrix of the estate of Late Adedoyin A. Sonuga)
2. OLUGBEMIGA SONUGA
(Administrator of the estate of Late Adedoyin A. Sonuga) Appellant(s)
AND
1. THE BRANCH MANAGER
(Union Bank of Nigeria Plc Tinubu Square)
2. UNION BANK OF NIGERIA PLC Respondent(s)
R.C. AGBO, J.C.A (Delivering the Leading Judgment): The appellants are the administrators of the estate of late Adedoyin A. Sonuga. Late Sonuga had title to property situate at No.8, Ogunfowokan Street, Okota, Lagos. He took a loan from the respondents to develop the said No.8, Ogunfowokan Street, Okota, Lagos. The first appellant was late Sonuga’s wife.
The late Sonuga entered into a legal mortgage of the property with the respondents. The said property was developed and the loan repaid.
The legal mortgage was discharged. But the documents of title of the property were not released to late Mr. Sonuga until he died. The appellants on obtaining letters of administration of the estate of the late Sonuga asked the respondents to release to them the documents of title of the said property. The respondents refused claiming that the fate Sonuga was a guarantor of a debtor company owing the respondents and had deposited the documents of title as security for the contract of guaranty. The appellants felt aggrieved and approached the High Court of Lagos State claiming as follows:-
“(1) declaration(s) and/or orders directing the defendants, that following the discharge from overdraft loan facilities obtained by Late Adedoyin A. Sonuga from the defendants and secured by legal mortgage, and deed of release of said legal mortgage dated 23rd August, 1996 and registered at the registry of title deed Lagos state on 29/01/1999, to immediately release to the claimants the original title documents covering the property mortgaged thereof to wit No. 8, Ogunfowokan Street, Okoto-Isolo, Lagos.
And the determination of the following questions:
(i) Whether having regard to the fact that the defendants never informed the administrations of the Estate of the Late Adedoyin A. Sonuga (which estate include No. 8, Ogunfowokan street, Okota-Isolo, Lagos) aforesaid administrations can be bound by the transaction referred to in the first defendants letter of 22/6/1999;
(ii) Whether the transaction referred to in first defendant’s letter of 22/6/1999 not having been perfected can still bind No. 8, Ogunfowokan Street, Okota Isolo, Lagos when Adedoyin A, Sonuga has since passed on and can no longer take steps to perfect the transaction;
(iii) Whether the presumption of resulting or implied trust in favour of the wife of late Adedoyin A. Sonuga now suing for herself as on administratrix can be overreached by the transaction referred to in first defendant’s letter of 22/6/1999 of which she had no knowledge nor gave her consent to;
(iv)Whether the defendants having been given possession of the title documents of No. 8, Ogunfowokan Street, Okoto-Isolo, Logos for the purpose of a mortgage loan transaction which had been successfully discharged can without further applications and processing, with the knowledge and consent of the wife of late Adedoyin A. Sonuga, utilize the said title documents far o completely new financial transaction without the knowledge and consent of the wife now first claimant;
(v) A questions 7-5 (supra) are answered in claimant’s favour whether the continued withholding by defendants of the original title documents of No. 8 Ogunfowokan Street, Okota-Isolo, Lagos is not unlawful”.
The trial court dismissed the suit. Not satisfied, the appellants filed this appeal with the notice of appeal containing these two grounds of appeal as follows:-
“GROUND ONE
The learned trial judge erred in law when she failed to find that the mortgage loan having been repaid, the mortgage’s equity of redemption meant that the lending bank had no legal right to continue holding unto the title deeds of the property mortgage and went on to dismiss the claim for a declaration and/or order that respondents’ bank should release immediately the title documents covering the property mortgaged.
GROUND TWO
The learned trial judge erred in law when she did not find that based on the admissions in the counter affidavit dated 4th July, 2006 and the disclosures in the further affidavit dated 22nd August, 2006, there was no further or subsequent legal mortgage or simple deposit of title deeds based on the property known as No.8, Ogunfowokan Street, Okota-Isolo, Lagos that would legally justify the continued retention of the title documents to No. 8, Ogunfowokan Street, Okota-Isolo, Lagos and went on to dismiss the claimant’s suit for the immediate release of the aforesaid title documents”.
The respondents by a notice of preliminary objection filed on 30/01/09 challenged the competence of the notice of appeal on the following grounds:-
“GROUNDS FOR THE APPLICATION
1. The two grounds of appeal do not arise from the judgment appealed against.
2. By virtue of sections 247 and 242 of the Constitution of the Federal Republic of Nigeria 1999 appeal can only lie from the decisions of the Federal High Court or a High Court to the Court of Appeal.
3. The two grounds of appeal do not relate to the decision of the lower court as defined by Section 378 of the 1999 Constitution.
4. The two grounds of appeal as contained in the Notice of Appeal dated the 12th January, 2007 did not challenge the validity of the ratio of the decision but only complained on what the learned trial judge failed to find. They are incompetent”.
The parties argued the preliminary objection in their different briefs of argument and adopted them before this court on 11th April, 2011
An appeal attacks a decision of a court or tribunal. It challenges the reasons for the conclusions of a court or tribunal. To do this, a ground of appeal must identify an error of law or misdirection and relate it to the decision. A ground of appeal may also challenge a decision in relation to the weight of evidence placed before the court by the parties. Omissions leading to wrong confusions may also constitute proper grounds of appeal. See Adeku v. Federal Republic of Nigeria (2009) 1 NWLR (pt. 7745) 370. But a ground of appeal must be fixed and circumscribe a particular issue to establish why a decision is wrong. See Ejiwhowu v. Edok-Eter Ltd (1986) 5 NWLR, Aqua Ltd Ondo State Sports Council (1988) 4 NWLR 622. A close look at the grounds of appeal will disclose that the appellants are not so much disparaging the reasons for the judgment of the trial court but are setting out what they consider should have been the judgment of the trial court. The two grounds rather constitute arguments that would have been taken in determining an omnibus ground of appeal.
Unfortunately, there is no omnibus ground of appeal. The grounds of appeal are not only lacking in specificity but also jumble up issues of error in law and misdirection.
This preliminary objection succeeds. The appeal is struck out for want of competence of the grounds of appeal.-There shall be no order as to costs.
IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A: His lordship, the Hon. Justice R.C. Agbo, JCA, has graciously obliged me with a draft of the lead judgment, just delivered by him. I had perused the briefs of argument of the learned counsel to the respective parties vis-a-vis the record of appeal, as a whole. I concur with the reasoning and conclusion reached in the judgment to the effect that the appeal is incompetent for want of competent grounds of appeal. Having thus adopted both reasoning and conclusion as mine, I too hereby hold that the appeal is incompetent, and same is hereby struck out by me.
No order as to costs.
RITA NOSAKHARE PEMU, J.C.A: I have read in draft the lead Judgment of my brother R.C. Agbo JCA and I must say that I agree with his reasoning and conclusions.
The law is elementary, that a ground of Appeal against a decision must relate to and challenge the validity of the ratio of the decision. Therefore, no valid issue can be formulated from an invalid ground of Appeal, which does not relate to the Judgment being challenged.
Thus the Appeal Court will allow an appeal, where the decision of the lower court was wrong, or unjust because of a serious procedural or other irregularity in the proceedings, in the lower court.
An Appeal does not lie, where the questions or issues raised are, or where the facts are hypothetical.
The Grounds of Appeal put forth by the Appellants seem to me like arguments, and are not pointed. They lack direction and purpose.
The preliminary objection must consequently succeed, and it succeeds accordingly. The appeal is hereby struck out for the reasons advanced in the lead Judgment.
Appearances
M.A. Agbamuche with him Miss B.S Ali BalogunFor Appellant
AND
Segun Demuren with Mrs. C.O. EkemodeFor Respondent
