valucord Nig PLC vRegistra of trademarks &ANOR(2012) LPELR- -1481 (CA)

APPEAL - GROUND OF APPEAL: Basis of a ground of appeal 

"It is trite law that a ground of appeal must relate to the decision or Judgment appealed against and should be a challenge to or against the validity of its ratio decidendi. Therefore a ground of appeal will not be competent if it is not related to or connected with the controversy between the parties in any particular case. In the case of:- -Oloruntoba-Oju vs. Abdul Raheem 2009 13 NWLR Part 1157 Page 83 at 121 Paragraphs B-C Adekeye JSC stated thus:- "An appeal is a challenge against the Judgment of a trial Court and it is never predicated on what a Court has not decided in its Judgment or Ruling. Therefore a ground of appeal must arise from the live issues at the trial and not any hypothetical assumption by the applicant. In other words a ground of appeal must relate to the decision and should be a challenge to the validity of the ratio of the decision appealed against."

Source: law pavilion