EFFECT OF ISSUES FOR DETERMINATION FAILING TO FLOW FROM THE JUDGMENT APPEALED AGAINST  

 

 Anonymous
Joined: 50 years ago
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02/07/2019 11:21 am  
“It is trite that issues are derived from the grounds of appeal. In Kano Texile Printing Ltd v Gloede And Hoff (Nig) Ltd 2005 LPELR - 1660 (SC). The state of the law in respect of a ground of appeal was thus:
 
“A ground of appeal and/or issue for determination which does not derive from the judgment appealed against is incompetent.

 

In the case of Bankole & Ors v Pelu (1991) 8 NWLR (PT 211) 523 at 537, this court, per UCHE OMO, JCA in considering the validity grounds of appeal and issue for determination commented thus;

 

“Issue 3 comprises an argument and also poses a question not relevant to the grounds of appeal filled challenging findings of facts of the trial court (sic). What should be addressed are findings of fact of the Court of Appeal, even if they are merely confirmatory of the trial courts findings ... Respondent's issue 7 refers to the judgment of the trial court. That is wrong. Issues 3, 5 and 7 are therefore also struck out…” per EDOZIE, J.S.C ( P. 9, paras. C-F)

 

Furthermore in Muscaconi Ltd v Aspinall (2013) LPELR - 20745 (SC) it was held on the effect of issues for determination failing to flow from the judgment appealed against thus:

 

“It is now settled practice that appeals are decided upon the issues raised or formulated for determination by the appellate Court. In other words, once issues are distilled from the Grounds of Appeal, the latter become extinguished. Issue No.2 of the Appellant is not related to the decision of the Court below appealed against but that of the trial High Court, it is therefore incompetent and is to be discountenanced. See; Anaeze v Anyaso (1993) 5 NWLR (PT 291); (1993) 5 SCNJ 151 (1993) LPELR 480 (SC).”per ARIWOOLA, J.S.C ( P. 6, paras. A-B). 

 

-         PER A. O. OBASEKI-ADEJUMO, J.C.A. IN COLLINS COMMERMEX NIGERIA LIMITED & ANOR VS SKYE BANK PLC

APPEAL NO: CA/L/754/16

LEGALPEDIA ELECTRONIC CITATION: LER[2019] CA/L/754/16


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