MRS. ARIYIBI ITAKO & ANOR v. MADAM VICTORIA OROWUNMI & ORS
(2014)LCN/6935(CA)
RATIO
APPEAL: WHETHER APPEAL MUST BE BASED ON GROUNDS OF APPEAL
Truly and as pointed out by the learned counsel to the respondents, an appeal is generally regarded as a continuation of an original suit rather than as an inception of a new action. An appeal should be a complaint against the decision on a point, there cannot possibly be an appeal against what has not been decided against a party. See: NDIC V. S. B. N. Plc. (2003) 1 NWLR (Pt.801) 311 Oredoyin V. Arowolo (1989) 4 NWLR (Pt. 114) 172 Babalola V. State (1989) 4 NWLR (Pt. 115) 264 Jumbo V. Bryanko Int’l Ltd. (1995) 6 NWLR (Pt.403) 545 at 547 Ngige V. Obi (2006) 14 NWLR (Pt. 999) 1. Indeed it is trite that parties are not at liberty to argue grounds which are not related to the judgment appealed against. See: also Dakolo & 2 Ors. V. Dakolo & 3 Ors. (2011) 6 – 7 SC (pt. 111) 104 at 137 – 138. Furthermore, a ground of appeal must be couched in such a way as to attack the judgment of a court on the issue decided by it and must give the exact particulars of the mistake, error or misdirection alleged as parties are bound by their grounds of appeal. See: F. R. N. PLG. V. May Medical Clinics (1996) 9 NWLR (Pt.471) 195 Bosiel V. Kachala (2006) 1 NWLR (Pt. 962) 587.In the instant case, grounds, 1, 2, 3 and 4 of the appellant’s grounds of appeal do not flow from the judgment of 12th day of October, 2009 appealed against and cannot therefore stand in the absence of any decision in relation to those grounds. Per MOJEED ADEKUNLE OWOADE, J.C.A.
