APPEAL – FORMULATION OF ISSUE(S) FOR DETERMINATION – Whether issue(s) for determination and/or ground(s) of appeal must be related to the part of the decision appealed against; effect of failure


“The two issues did not question any part of the decision of the Court of Appeal. They are framed as abstract questions and do not allege any error or misdirection or raised any complain about any part of the judgment of the Court of Appeal. Whereas the two grounds of appeal complain of errors of law in particular parts of the judgment of the Court of Appeal, the issues are framed as theoretical questions without reference to any part of the judgment of the Court of Appeal complained of in the grounds. An appeal against a judgment is to show that the judgment is not correct in some respect. The ground of appeal is a complain against the part of the judgment isolated and attacked therein. The issues for determination distilled from such grounds must relate to the complain in the grounds of appeal. An abstract or theoretical issue is incompetent and not valid for consideration in an appeal. Therefore, issues nos. 1 and 2 are incompetent and hereby struck out. As it is, the two grounds of this appeal are abandoned as no issue have been distilled from them. They are hereby struck out.” Per EMMANUEL AKOMAYE AGIM, JSC in AMARAN v. ETF (2022-LCER-46527-SC) (Pp 1 – 2; Paras F – E)

Add to LawKit (0)